McNew v. Wheeler

Supreme Court of Georgia

McNew v. Wheeler

187 S.E. 638, 183 Ga. 111

CourtSupreme Court of Georgia

DecidedSeptember 18, 1936

DocketNo. 11283

StatusPublished

This text of 187 S.E. 638 (McNew v. Wheeler) 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

McNew v. Wheeler, 187 S.E. 638, 183 Ga. 111 (Ga. 1936).

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Opinion

Gilbert, Justice.

O. W. Wheeler applied for adminstration with the will annexed of the estate of Ellen Lynah Nicholls. On the ground that the estate had been fully administered, Mary E. McNew filed a caveat to the application. That issue depended upon a construction of the will and facts which were agreed on. The court directed a verdict in favor of the applicant, and exceptions were filed. Letters of administration were subsequently-granted. A motion for a new trial was filed and overruled. On the issue made by the caveat, the judgment' is controlled by the decision in Nicholls v. Wheeler, 182 Ga. 502 (185 S. E. 800), and a reversal of the judgment against the caveator is required. The court erred in granting letters of administration with the will annexed.

Judgment reversed.

All the Justices concur.

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Gilbert, Justice.

O. W. Wheeler applied for adminstration with the will annexed of the estate of Ellen Lynah Nicholls. On the ground that the estate had been fully administered, Mary E. McNew filed a caveat to the application. That issue depended upon a construction of the will and facts which were agreed on. The court directed a verdict in favor of the applicant, and exceptions were filed. Letters of administration were subsequently-granted. A motion for a new trial was filed and overruled. On the issue made by the caveat, the judgment' is controlled by the decision in Nicholls v. Wheeler, 182 Ga. 502 (185 S. E. 800), and a reversal of the judgment against the caveator is required. The court erred in granting letters of administration with the will annexed.

Judgment reversed.

All the Justices concur.

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Bluebook (online)

187 S.E. 638, 183 Ga. 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcnew-v-wheeler-ga-1936.

Opinion

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