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GILMORE v. GILMORE

17509.

208 Ga. 245 (1951)

65 S.E.2d 813

GILMORE v. GILMORE, trustee, et al.

Supreme Court of Georgia.

Decided July 10, 1951.

Rehearing Denied July 24, 1951.

Attorney(s) appearing for the Case

W. C. McMillan and Erwin Sibley, for plaintiff in error.

E. W. Jordan and E. T. Averett, contra.

HEAD, Justice.

The petition alleges that the applicants were appointed to act as trustees, that they accepted the trust, and have acted as trustees of the estate of John D. Gilmore since the death of Thomas W. Gilmore. A trustee may be named by will. Code, § 108-114. A demurrer admits all properly pleaded allegations in a petition, and they must be considered as true in passing upon the demurrer. Code, § 81-304; City of Albany v.

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