In marshaling assets, the court shall look to the equities of the creditors and, where cases arise for election, shall compel the parties to elect.
History. Orig. Code 1863, § 3078; Code 1868, § 3090; Code 1873, § 3147; Code 1882, § 3147; Civil Code 1895, § 4002; Civil Code 1910, § 4599; Code 1933, § 37-406.
Structure Georgia Code
Chapter 2 - Grounds for Equitable Relief
Article 5 - Administration of Assets Generally
§ 23-2-90. Legal and Equitable Assets Defined; Rules of Distribution
§ 23-2-91. When Equity Will Interfere With Administration of Estates
§ 23-2-92. Application for Direction or Construction of Will
§ 23-2-93. Marshaling Assets of Decedent’s Estate
§ 23-2-94. Compelled Election in Marshaling Assets
§ 23-2-95. Creditors’ Petitions
§ 23-2-96. When Equitable Assets May Be Reached by Creditor
§ 23-2-97. Time Limit for Intervention in Case Disposing of Assets; Publication of Order
§ 23-2-98. Application of Joint and Individual Assets to Debts