Collins v. Winter

Full title: COLLINS et al. v. WINTER et al

Court: Supreme Court of Georgia

Date published: Jun 30, 2003

583 S.E.2d 38 (Ga. 2003)

583 S.E.2d 38

Opinion

S03A0393.

Decided June 30, 2003

Equity. Fulton Superior Court. Before Judge Barnes.

Wendell K. Willard, for appellants.

Hartley, Rowe Fowler, Joseph H. Fowler, for appellees.

FLETCHER, Chief Justice.

This appeal arises out of a breach of trust claim brought by beneficiaries of a trust, James and Archie Collins, against the trustee Alan Winter. The parties resolved by agreement all issues relating to the trust, but disputed the ownership of certain undescribed tools. The Collinses appeal from the order of the trial court directing them to return the tools to Winter. Because no evidence was presented regarding ownership of the tools or even a description of the tools, the trial court erred in ordering the Collinses to return them. We vacate the portion of the trial court's order directing the return of the tools and remand for further proceedings.

Judgment vacated and case remanded. All the Justices concur.

FLETCHER, Chief Justice.

DECIDED JUNE 30, 2003.