O.C.G.A.
O.C.G.A. § 53-2-23 (2019)
Superior court procedure
✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Upon the filing in a superior court of a petition described in Code Section 53-2-21 or 53-2-22, service on the parties in interest shall be effected in the same manner as prescribed in cases in which equitable relief is sought; and the case shall thereafter proceed to judgment in the manner provided for such cases by the rules of practice in the superior courts.
History
Code 1981, § 53-2-23, enacted by Ga. L. 1996, p. 504, § 10.
Annotations
COMMENT This section carries forward former OCGA Sec. 53-4-33. RESEARCH REFERENCES Am. Jur. 2d. - 23 Am. Jur. 2d, Descent and Distribution, § 115. 27A Am. Jur. 2d, Equity, § 13 et seq.
C.J.S. - 26B C.J.S., Descent and Distribution, § 82.
Notes of Decisions
Cited in 1
case, 1997–1997 · leading case: Joseph v. Grisham, 482 S.E.2d 251 (Ga. 1997).
Joseph v. Grisham, 482 S.E.2d 251 (Ga. 1997). “In support of their contention that the evidence presents a question of fact on the issue of monomania, the caveators rely on OCGA § 53-2-23: “A monomaniac may make a will if the will is in no way the result of or connected with his monomania.”
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