CopyCited 17 times | Published | Supreme Court of Georgia | Sep 11, 1989 | 259 Ga. 420
...NOTES [1] There was some evidence that Mr. Simpson thought that the appellee had acquired an ex parte divorce sometime prior to 1983 and that the agreement he was entering into with her was merely to clear up lingering custody and property issues. [2] After this suit was filed, OCGA §
53-6-24 (1) was changed to reflect the reality of broken domestic tranquility....
CopyCited 6 times | Published | Supreme Court of Georgia | Apr 28, 1997 | 267 Ga. 871, 97 Fulton County D. Rep. 1435
...r executor in the event her mother could not serve for any reason, the will did not so specify. Therefore, the trial court was not required to appoint Robbins as executor. The trial court correctly followed the procedure of O.C.G.A. §§ 53-6-29 and
53-6-24 in appointing her son as administrator with the will annexed when he was the choice of the majority of heirs under the will....
CopyCited 2 times | Published | Supreme Court of Georgia | Jan 10, 1994 | 263 Ga. 711, 94 Fulton County D. Rep. 96
...McClinton appealed and the Court of Appeals affirmed the probate court's appointment of the county administrator. McClinton v. Sullivan,
208 Ga. App. 411 (430 SE2d 794) (1993). We granted a writ of certiorari to review the Court of Appeals' decision. 1. OCGA §
53-6-24 (a) sets out the rules to be followed in granting letters of administration. Subsection (1) provides that the surviving spouse is first entitled unless "an action for divorce ... was pending between the deceased and the surviving spouse at the time of the death." OCGA §
53-6-24 (a) (1)....
...Smith,
119 Ga. 859 (47 SE 203) (1904). Since Sullivan agreed to the appointment of the county administrator [2] and did not appeal and McClinton has no standing to challenge the probate court's action, the question of whether the statutory scheme found in OCGA §
53-6-24 allows the probate court to appoint the county administrator is moot. Under these facts the probate court properly appointed the county administrator. See generally OCGA § 53-6-95. 2. While we do not reach the issue, we agree with the Court of Appeals that the applicable statute, OCGA §
53-6-24, leaves much to be desired in regards to the issue raised in the appeal....
...Carley, J., disqualified. NOTES [1] We note that in addition to McClinton, the decedent was also survived by her mother and two siblings who are all "kin" of the same degree. These three selected McClinton to serve as administrator pursuant to OCGA §
53-6-24 (a) (3)....
...Headman v. Rose,
63 Ga. 458 (6) (1879); nor do we reach the issue of whether a surviving spouse who is the sole person entitled to the estate is barred from selecting a qualified, disinterested person when said surviving spouse is disqualified. OCGA §
53-6-24 (a) (9).
CopyCited 2 times | Published | Supreme Court of Georgia | Feb 5, 1993 | 425 S.E.2d 287, 93 Fulton County D. Rep. 486
...e court to appoint the county administrator as administrator de bonis non with will annexed of the estate of Gussie Thomas, after refusing to appoint the nominee of a majority in interest of the beneficiaries capable of expressing a choice. See OCGA §
53-6-24 (b) (1).
Appellants Dexter Thomas and June Combs and appellee W....
...S92A1323, as it is a direct appeal from an interlocutory order, appeal of which must be done by application. See OCGA §
5-6-34 (b).
2. In granting appellants’ application for interlocutory review, we expressed interest in whether the probate court erred when it failed to follow OCGA §
53-6-24 (b) and appoint as permanent administrator the nominee of a majority in interest of the beneficiaries....
...[OCGA § 53-6-29 (a).]
In the case before us, none of the three named executors qualified to serve as executor; however, the will provided for the appointment of an impartial successor executor in Item Six, and the probate court fulfilled that provision of the will by appointing the county administrator. OCGA §
53-6-24 (b), which provides rules for the granting of letters with will annexed and upon which appellants rely, must be examined in light of OCGA § 53-6-29 (a)2 and must be construed as being applicable in the absence of a testamentary provision for a successor executor....
...isions.
Judgment affirmed in Case No. S92A1321. Appeal dismissed in Case No. S92A1323.
Clarke, C. J., Hunt, P. J., Fletcher, Sears-Collins and Hunstein, JJ., concur.
The three siblings were also the only devisees and legatees of the will.
OCGA §
53-6-24 (b) and OCGA § 53-6-29 (a) were contained in the same bill passed by the General Assembly in 1991....
CopyPublished | Supreme Court of Georgia | Jul 16, 1986 | 345 S.E.2d 593
...Claiming that she was Ernest Youngblood’s natural daughter, Evelyn Graham filed for letters of administration. Her application was granted. Sue Youngblood appealed to superior court and moved for summary judgment on the ground that as the surviving spouse she was entitled to be appointed administratrix. OCGA §
53-6-24 (a)....
