TOOMBS v. HILLIARD

18146, 18147.

209 Ga. 755 (1953)

75 S.E.2d 801

TOOMBS et al. v. HILLIARD et al.; et vice versa.

Supreme Court of Georgia.

Decided April 13, 1953.

Rehearing Denied May 13, 1953.


Attorney(s) appearing for the Case

Smith & Gardner, for plaintiffs in error.

Robert Culpepper Jr., contra.


HAWKINS, Justice.

1. A judgment of the court of ordinary, granting permanent letters of administration to one who is not entitled to the administration, may be set aside in a direct proceeding in equity, instituted by heirs at law of the intestate, on the ground that the applicant falsely and fraudulently represented in his application that the facts were such as to entitle him to appointment. Bowers v. Dolen, 187 Ga. 653 (1 S.E.2d 734); Fulmer

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