Pate v. Pate

113 S.E. 50, 28 Ga. App. 798, 1922 Ga. App. LEXIS 873
Court of Appeals of Georgia·Decided July 22, 1922·No. 12991·Published·Cited by 5 cases

Opinion

Stephens, J.

1. The fact that the deceased had made a will and had been intimidated into destroying it is not relevant, upon an application for administration upon the estate of the deceased, to negative the fact of intestacy; and such evidence was properly excluded.

2. Whore the applicant for appointment as administrator had been selected as such in writing by a majority of the heirs at law of the decedent (Civil Code of 1910, § 3943 (3)), he was as a matter of law entitled to the appointment, and a verdict to that effect was properly directed.

Judgment affirmed.

Jenkins, P. J., concurs.

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Pate v. Pate, 113 S.E. 50, 28 Ga. App. 798, 1922 Ga. App. LEXIS 873 (Ga. Ct. App. 1922).

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