Pate v. Pate

Court of Appeals of Georgia

Pate v. Pate

113 S.E. 50, 28 Ga. App. 798, 1922 Ga. App. LEXIS 873

CourtCourt of Appeals of Georgia

DecidedJuly 22, 1922

Docket12991

StatusPublished

Cited by5 cases

This text of 113 S.E. 50 (Pate v. Pate) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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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