95 Ga. 383 | Ga. | 1895
The questions made in this ease arise on the following state of facts: Herman Myers presented his petition to the ordinary of Chatham county, asking that letters of administration with the will annexed be granted to him upon the estate of Peter Patterson. In his petition he set forth that Patterson had died testate, but nominating no executor, leaving an estate worth about fifteen hundred dollars; that the sole legatee of the estate was Emma Jones, who failed to administer said estate, and that the Savannah Grocery Company, of which petitioner is president, is a creditor of deceased. A caveat was interposed by G. T. Cann as executor of Emma Jones, deceased, upon the grounds: (1) Emma Jones as sole legatee is entitled to the estate of Patterson, and
The matter went by appeal to the superior court, where the caveat was amended aud the following grounds added: The estate of Patterson is not insolvent. The claim of the grocery company against it is not a true and correct statement of the indebtedness thereof to the grocery company, and the correctness of said account and liability of said estate to said company are disputed, and it is necessary that letters be granted to Elliott that the correctness of the account maybe properly investigated. Emma Jones died testate, bequeathing all her property to Viola Jones, a minor, and appointing G. T. Gann executor of her will; and he has been appointed guardian of the property of Viola Jones.
The jury found against the application of Myers, and that letters be issued to Elliott. Myers moved for a new trial, and his motion being overruled, excepted.
Let the judgment of the court beloAv be Affirmed.