Furlow v. Sanders

Supreme Court of Georgia

Furlow v. Sanders

7 S.E.2d 181, 189 Ga. 614, 1940 Ga. LEXIS 348

CourtSupreme Court of Georgia

DecidedFebruary 13, 1940

Docket13122.

StatusPublished

Cited by2 cases

This text of 7 S.E.2d 181 (Furlow v. Sanders) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Furlow v. Sanders, 7 S.E.2d 181, 189 Ga. 614, 1940 Ga. LEXIS 348 (Ga. 1940).

Pincite

Opinion

Grice, Justice.

This case originated in a court of ordinary, and was afterward appealed to the superior court. The executor of a will filed his petition averring that he had faithfully discharged all his duties as such executor, was ready to make distribution of the fund 'in his hands when the remaining expenses of administration, etc., can be fixed, and prayed that citation issue to all legatees and persons interested, requiring them to be at the settlement of the executor's account, and that petitioner's account be investigated and his compensation fixed by the court. The administrator of a legatee for life under the will filed his answer, and. among other contentions took the position that the executor had exceeded his authority in certain respects, and otherwise attacked the good faith and fairness of the executor; but a construction of the will was nowhere more than incidentally involved, if at all. This court has held that such a case is one of which the Court of Appeals and not this court has jurisdiction. See Reece v. McCrary, 179 Ga. 812 (177 S. E. 741); Trust Company of Georgia v. Smith, 182 Ga. 360 (185 S. E. 525). Accordingly the ease is transferred to the Court of Appeals.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Grice, Justice.

This case originated in a court of ordinary, and was afterward appealed to the superior court. The executor of a will filed his petition averring that he had faithfully discharged all his duties as such executor, was ready to make distribution of the fund 'in his hands when the remaining expenses of administration, etc., can be fixed, and prayed that citation issue to all legatees and persons interested, requiring them to be at the settlement of the executor's account, and that petitioner's account be investigated and his compensation fixed by the court. The administrator of a legatee for life under the will filed his answer, and. among other contentions took the position that the executor had exceeded his authority in certain respects, and otherwise attacked the good faith and fairness of the executor; but a construction of the will was nowhere more than incidentally involved, if at all. This court has held that such a case is one of which the Court of Appeals and not this court has jurisdiction. See Reece v. McCrary, 179 Ga. 812 (177 S. E. 741); Trust Company of Georgia v. Smith, 182 Ga. 360 (185 S. E. 525). Accordingly the ease is transferred to the Court of Appeals.

All the Justices concur.

Cite This Page — Counsel Stack

Bluebook (online)

7 S.E.2d 181, 189 Ga. 614, 1940 Ga. LEXIS 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/furlow-v-sanders-ga-1940.

Opinion

Related

Cite This Page — Counsel Stack