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DARNELL v. TATE

33606.

84 Ga. App. 831 (1951)

67 S.E.2d 819

DARNELL et al. v. TATE et al.

Court of Appeals of Georgia.

Decided November 15, 1951.

Attorney(s) appearing for the Case

Henderson & Burtz, Pickett & Pickett, James H. Therrell, for plaintiffs.

Tye, Thomson & Tye, H. G. Vandiviere, H. L. Buffington Jr., for defendants.

WORRILL, J.

(After stating the foregoing facts.) The Supreme Court of Georgia, in dealing with a general demurrer in the present litigation (Darnell v. Tate, 206 Ga. 576, 586, 58 S.E.2d 160), said: "Under the provisions of Code §§ 113-1101 and 113-2306, the court of ordinary has jurisdiction to accept the resignation of an executor and to appoint a successor according to the...

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