Equity may not compel a party, having a discretion, to exercise a power of appointment.
History. Orig. Code 1863, § 3098; Code 1868, § 3110; Code 1873, § 3167; Code 1882, § 3167; Civil Code 1895, § 4018; Civil Code 1910, § 4615; Code 1933, § 37-602.
Structure Georgia Code
Chapter 2 - Grounds for Equitable Relief
Article 6 - Exercise of Powers of Appointment and Sale
§ 23-2-110. Equitable Jurisdiction Over Powers
§ 23-2-111. Exercise of Discretionary Powers Not Compellable Generally
§ 23-2-112. When Faithful Execution of Power Compellable
§ 23-2-113. When Equity May Relieve Against Collusive, Illusory, Mistaken, etc., Executions
§ 23-2-114. Powers of Sale to Be Construed Strictly; Manner of Sale; Who May Exercise
§ 23-2-115. When Private Sale Authorized
§ 23-2-116. When Powers of Sale Exercisable by Successor Administrator, Trustee, or Guardian
§ 23-2-120. Application of Code Sections 23-2-117 Through 23-2-119