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2018 Georgia Code 53-2-23 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 53-2-23 Case Law from Google Scholar Amendments to OCGA 53-2-23

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 2. Descent and Distribution, 53-2-1 through 53-2-51.

ARTICLE 2 JUDICIAL DETERMINATION OF HEIRS AND INTERESTS

53-2-23. Superior court procedure.

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.

(Code 1981, §53-2-23, enacted by Ga. L. 1996, p. 504, § 10.)

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.

Cases Citing O.C.G.A. § 53-2-23

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Joseph v. Grisham, 482 S.E.2d 251 (Ga. 1997).

Cited 1 times | Published | Supreme Court of Georgia | Mar 3, 1997 | 267 Ga. 677, 97 Fulton County D. Rep. 711

...The trial court did not err in granting summary judgment to the propounder on the caveator's claim of lack of testamentary capacity. Yancey v. Hall, 265 Ga. 466(3), 458 S.E.2d 121 (1995). 3. 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....