Hybrid assignment five summarizes the article Wills, Trusts, Guardianships, and Fiduciary Administration by Mary F. Radford. This article elaborates on the findings and the legislation associated with cases in the state of Georgia involving fiduciary law. The first case in the article reviews a case focus on the construction of a will. The issue with this case was a father created a will that will divide his estate between his three daughters and then modified his will at a later date without attaching the residuary clause in the new will. The youngest daughter tried to get the courts to interrupt the will and fight the case claiming that she should be the only beneficiary because her father desired to remove her other two sisters as beneficiaries. As stated by Radford (2013), “the case of Banner v. Vandeford confirms the long-lasting rule that if a will is clear and unambiguous on its face, a court will not, by construction, reform the will to give it a different meaning or effect” (p. 231).…show more content… The issue in questioning with these cases was trying to determine if the trustees violated their fiduciary duties and statute of limitations in Georgia or not. In the first case, Radford (2013) stated, “Hasty v. Castleberry was sued by his sister for breach of fiduciary duty, mismanagement of the trust’s assets, and the collection of excessive trustee fees” (p.234). The trust was established to support the mother of the brother and sister for the rest of her life and the remain funds were to be split between both brother and sister
