113 Ga. 149 | Ga. | 1901
Certain persons claiming to be heirs at law of D. K. Coleman filed a petition, on June 4, 1900, against the administratrix and heirs at law of M. Q. Coleman, all of whom resided beyond the limits of the State, Warren Lott, ordinary of Ware county, and the Downing Company, a corporation of Glynn county, alleging that M. Q. Coleman in his lifetime had been administrator upon the estate of D. K. Coleman, and had been guilty of various acts amounting to a devastavit as against the heirs at law of D. K. Coleman. It was distinctly alleged that on October 7, 1895, M. Q. Coleman was granted by the court of ordinary of Ware county letters of dismission as administrator of the estate. The charge against M. Q. Coleman was, in effect, that he had so administered the estate as to come into possession of the same himself, that after his death the same had been received either by his administratrix or by Iris heirs at law, the administratrix, although a non-resident of the State, having applied for and received letters of administration from the court of ordinary of Ware county.. It was alleged that the administratrix had made application for letters of dismission, and the same was now pending. The prayer of .the petition was, that the administratrix of M. Q. Coleman be enjoined from making final distribution of the estate; that she and the heirs at law be enjoined from selling or transferring any of the property, and especially certain stock in.the Downing Company; that the Downing Company be enjoined from permitting the same to be transferred upon its books; and that the ordinary be enjoined from granting letters of dismission to the administratrix until there has been an accounting
The original petition set forth no cause of action. It distinctly appeared on the face of the same that M. Q. Coleman had been by the court of ordinary regularly discharged as administrator upon the estate of D. K. Coleman. Until this judgment of the court of
Judgment affirmed.