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Furlow v. Sanders

Supreme Court of Georgia
Feb 13, 1940
7 S.E.2d 181 (Ga. 1940)

Summary

In Furlow v. Sanders, 189 Ga. 614 (7 S.E.2d 181) (1940), it was held that the Court of Appeals, not the Supreme Court, had jurisdiction over a case contesting the fairness and good faith of an executor in an action for final settlement and accounting.

Summary of this case from Fox v. First National Bank

Opinion

13122.

FEBRUARY 13, 1940.

Construction of will. Before Judge Jackson. Morgan superior court. October 4, 1939.

Joel Cloud, Shackelford Shackelford, and C. S. Baldwin, for plaintiff in error. Miles W. Lewis, contra.


Writ of error to judgment on appeal from court of ordinary on executor's citation for settlement, held returnable to the Court of Appeals.

No. 13122. FEBRUARY 13, 1940.


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 case is transferred to the Court of Appeals.

All the Justices concur.


Summaries of

Furlow v. Sanders

Supreme Court of Georgia
Feb 13, 1940
7 S.E.2d 181 (Ga. 1940)

In Furlow v. Sanders, 189 Ga. 614 (7 S.E.2d 181) (1940), it was held that the Court of Appeals, not the Supreme Court, had jurisdiction over a case contesting the fairness and good faith of an executor in an action for final settlement and accounting.

Summary of this case from Fox v. First National Bank
Case details for

Furlow v. Sanders

Case Details

Full title:FURLOW, administrator, et al. v. SANDERS, executor, et al

Court:Supreme Court of Georgia

Date published: Feb 13, 1940

Citations

7 S.E.2d 181 (Ga. 1940)
7 S.E.2d 181

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McDowell v. McDowell

On the other hand, the question presented thereby, as to whether the petition should be construed as seeking…

Fox v. First National Bank

This is not a case over which this court has jurisdiction. In Furlow v. Sanders, 189 Ga. 614 ( 7 S.E.2d 181)…