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O.C.G.A. § 53-2-26 — Effect of findings of court | Georgia Code

O.C.G.A. § 53-2-26 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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

53-2-26. Effect of findings of court.

In the absence of fraud, the findings of the superior court or the probate court shall be binding and conclusive as to every person and as to every issue decided.

(Code 1981, §53-2-26, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section carries over paragraph (a) of OCGA Sec. 53-4-37.

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Descent and Distribution, § 115.

C.J.S.

- 26B C.J.S., Descent and Distribution, §§ 87, 88.

ALR.

- Concealment of or failure to disclose existence of person interested in estate as extrinsic fraud which will support attack on judgment in probate proceedings, 113 A.L.R. 1235.

Judgment denying validity of will because of undue influence, lack of mental capacity, or the like, as res judicata as to validity of another will, deed, or other instrument, 25 A.L.R.2d 657.

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.