Est. of Alberta Norton v. Hinds, 354 S.E.2d 663 (Ga. Ct. App. 1987). · Go Syfert
Est. of Alberta Norton v. Hinds, 354 S.E.2d 663 (Ga. Ct. App. 1987). Cases Citing This Book View Copy Cite
29 citation events (12 in the last 25 years) across 6 distinct courts.
Strongest positive: Estate of Raymond A. Suddeth v. Jennifer Suddeth Williams as of the Estate of Caroylyn C. Suddeth (gactapp, 2021-10-14)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Estate of Raymond A. Suddeth v. Jennifer Suddeth Williams as of the Estate of Caroylyn C. Suddeth (2×) also: Cited "see"
Ga. Ct. App. · 2021 · confidence medium
Suits to bind the estate of a dead man should be brought in the name of a personal representative – an executor, administrator, etc. This is no mere technicality.” (Citation and punctuation omitted.) Estate of Norton v. Hinds, 182 Ga. App. 35, 35-36 ( 354 SE2d 663 ) (1987).
discussed Cited as authority (rule) Jason Ferrell v. Robert Miller and Kayla Ivey
Tenn. Ct. App. · 2013 · confidence medium
See Bryant, 2009 WL 1065936 , at *3 (citing Goss, 751 S.W.2d at 824 (finding that pursuant to Tenn. Code Ann. § 20-5-103 suit may only be instituted against the deceased tort-feasor’s personal representative and, as such, “the Estate was not a proper party defendant to plaintiff’s action”); McLean v. Chanabery, 5 Tenn. App. 276 (1926) (an “estate” is not a legal entity and cannot sue or be sued absent certain circumstances such as in a wrongful death action); Estate of Norton v. Hinds, 182 Ga. App. 35 , 354 S.E.2d 663, 664 (Ga. Ct. App. 1987) (the estate of a dead man is mere inan…
discussed Cited as authority (rule) Stephanie Bryant v. Henry Klein
Tenn. Ct. App. · 2009 · confidence medium
See Goss v. Hutchins, 751 S.W.2d 821, 824 (Tenn. 1988) (finding that pursuant to Tenn. Code Ann. § 20-5-103 suit may only be instituted against the deceased tort-feasor’s personal representative and, as such, “the Estate was not a proper party defendant to plaintiff’s action”); see also McLean v. Chanabery, 5 Tenn.App. 276 (1926)(an “estate” is not a legal entity and cannot sue or be sued absent certain circumstances such as in a wrongful death action); Estate of Norton v. Hinds, 182 Ga.App. 35 , 354 S.E.2d 663, 664 (Ga. Ct. App. 1987)(the estate of a dead man is mere inanimate pr…
discussed Cited as authority (rule) Boatright v. Derr (2×)
Colo. · 1996 · confidence medium
See, e.g., Von Gibson v. Lynch, 197 Cal.App.3d 725 , 243 Cal.Rptr. 50 , 53 n. 4 (1988) (at common law, estate is neither person nor entity); Hogg v. Walker, 622 A.2d 648, 653 (Del.1993) (trust estate not separate legal entity); Estate of Norton v. Hinds, 182 Ga.App. 35 , 354 S.E.2d 663, 664 (1987); In re Marriage of Schauberger, 253 Ill.App.3d 595 , 191 Ill.Dec. 675 , 624 N.E.2d 863, 866 (1993) (estate has no capacity to sue and be sued); Estate of Lemaster v. Hockley, 750 S.W.2d 692, 694 (Mo.Ct.App.1988); 100 W. 72d St.
discussed Cited "see" Ibrahim v. Charania (2×)
N.D. Ga. · 2024 · signal: see · confidence high
See Est. of Norton v. Hinds, 354 S.E.2d 663, 664 (Ga. Ct. App. 1987).
discussed Cited "see" Cunningham v. Estate of Cunningham (2×)
Ga. Ct. App. · 2010 · signal: see · confidence high
See generally Uniform Probate Court Rule 16.1 (providing for probate court lacking subject matter jurisdiction over action or proceeding to transfer action or proceeding to court in which jurisdiction would lie). 8 See Estate of Norton v. Hinds, 182 Ga. App. 35, 35 ( 354 SE2d 663 ) (1987); see also footnote 2, supra. 9 Moore v. Moore, 255 Ga. 308, 309 (2) ( 336 SE2d 804 ) (1985). 10 OCGA § 9-10-91 (1).
discussed Cited "see" McCarley v. McCarley (2×)
Ga. Ct. App. · 2000 · signal: see · confidence high
Orange County Trust Co. v. Estate of Abe Takowsky, 119 Ga. App. 366 (1) ( 166 SE2d 913 ) (1969); see Estate of Alberta Norton v. Hinds, 182 Ga. App. 35 ( 354 SE2d 663 ) (1987).
discussed Cited "see, e.g." Bennett v. L. L. Blocker Estate (2×)
Ga. Ct. App. · 1993 · signal: compare · confidence low
Compare Estate of Norton v. Hinds, 182 Ga. App. 35 ( 354 SE2d 663 ) (1987) (in which this court ruled an appeal to the superior court from a judgment of the probate court should have been dismissed because the petitioner filed the appeal naming an estate as party defendant and the record showed the estate was not properly represented during the proceedings so that a real party existed upon whom the orders and judgments could be effective).
Retrieving the full opinion text from the archive…
Estate of Alberta Norton
v.
Hinds
73760.
Court of Appeals of Georgia.
Mar 3, 1987.
354 S.E.2d 663
1987 Ga. App. LEXIS 1604
William M. Phillips, for appellant., Frank M. Gleason, for appellee.
Sognier, McMurray, Beasley.
Cited by 13 opinions  |  Published
Sognier, Judge.

Charles Hinds, Jr. petitioned the probate court of Catoosa County to set aside the grant of a year’s support to Alberta Norton approximately two and one-half years after the grant of the year’s support and thirteen months after the death of Norton. No legal representative of Norton’s estate had been appointed. Hinds had notice served on Norton’s former attorney, several of Norton’s children and the county administrator. The probate court ultimately reinstated the grant of year’s support and Hinds then appealed to the Superior Court of Catoosa County, naming the “Estate of Alberta Norton” as party defendant. The superior court found that “there does not appear from the record in said case that anyone has been appointed by the Probate Judge of Catoosa County to serve as Executor or Administrator of the Estate of Alberta Norton, deceased, nor has there been a substitution of parties, and that more than 180 days has lapsed since her death, . . .” Nevertheless, the superior court addressed the merits of Hinds’ appeal and reversed the probate court’s order regarding the year’s support. Appeal was made to this court by a party designated as “Estate of Alberta Norton.”

“In every suit brought in this State there must be a real plaintiff and a real defendant. The plaintiff or the defendant may be a natural or an artificial person, or a quasi-artificial person, such as a partnership. If the suit is brought in a name which is neither that of a natural person, a corporation, nor a partnership, it is a mere nullity.” Western &c. R. Co. v. Dalton Marble Works, 122 Ga. 774, 775 (1,2) (50 SE 978) (1905). “In Knox v. Greenfield Estate, 7 Ga. App. 305 (66 S.E. 805), it was said ‘A suit against a designated estate is not a suit[*36] with a real defendant, within the purview of the rule just stated.’ Also: ‘A dead man can not be sued. The estate of a dead man is mere inanimate property. Suits to bind the estate of a dead man should be brought in the name of a personal representative — an executor, administrator, etc. This is no mere technicality.’ ” Knight’s Pharmacy Co. v. McCall, 181 Ga. 617, 618 (2) (183 SE 497) (1936). Exceptions to the rule that an estate is not a legal entity which can be a party to legal proceedings have been recognized by the courts where, e.g., the estate was the trade or firm name of disclosed individuals operating under that name, Farmers &c. Bank v. Farkas, 27 Ga. App. 153, 155 (107 SE 610) (1921); or where the actual parties at interest were involved in the litigation of the suit, such as the personal representative of the estate (Block v. Voyager Life Ins. Co., 251 Ga. 162 (1) (303 SE2d 742) (1983)) or the executor and guardian (Tingle v. Cate, 142 Ga. App. 467, 470 (236 SE2d 127) (1977)). These exceptions, however, are inapplicable here where it appears suit was filed in order to bind a non-legal entity, the estate. No personal representative had been named at the time the proceedings were instituted; no personal representative has been properly named in the interval. An application made by one of Norton’s children for letters of administration of the estate was met with a caveat from appellee. See generally Bearden v. Baldwin, 174 Ga. 191, 197 (2) (162 SE 802) (1931). Although it is the policy of the courts to construe liberally the Civil Practice Act to reach the merits of each case, see Franklyn Gesner Fine Paintings v. Ketcham, 252 Ga. 537 (314 SE2d 903) (1984), Block, supra at 163, the reason for the requirement that every suit be initiated against a real defendant remains viable in that it is necessary there be someone upon whom the judgment of the court will be effective. See Orange County Trust Co. v. Estate of Abe Takowsky, 119 Ga. App. 366, 367 (2) (166 SE2d 913) (1969).

Decided March 3, 1987. William M. Phillips, for appellant.

It appears of record that at no point during the entire prolonged proceedings below was the Estate of Alberta Norton properly represented so that a real party existed upon whom the myriad orders and judgments rendered could be effective. This being a legal prerequisite which was not supplied by amendment or otherwise, the courts below were without jurisdiction of the case. Since the lack of jurisdiction appears on the face of the pleadings, we hold, as a matter of law and without any motion to this effect, that all of the proceedings in the case below were null and void. Id. at 367 (4); OCGA § 9-12-16.

Judgment reversed.

McMurray, P. J., and Beasley, J., concur. [*37] Frank M. Gleason, for appellee.