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MAY v. BRADDOCK

35594.

91 Ga. App. 853 (1955)

87 S.E.2d 365

MAY, administratrix, v. BRADDOCK, administratrix.

Court of Appeals of Georgia.

Decided April 18, 1955.

Attorney(s) appearing for the Case

J. D. Godfrey, Casey Thigpen, for plaintiff in error.

Stevens & Stevens, contra.

FELTON, C. J.

The caveat to the application of the administratrix to sell the lands of the estate of John V. May is fatally defective in that:

1. It alleges that the title to the lands is in the heirs (legatees) under the will of John V. May, in which event the judgment for the second year's support would not be collectible from the administratrix of John V. May's estate, but pro rata from the legatees. Code § 113-821; Redfearn, Wills and Administration...

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