DAVIS v. DAVIS

36383.

94 Ga. App. 459 (1956)

95 S.E.2d 42

DAVIS, Guardian, v. DAVIS, Executor.

Court of Appeals of Georgia.

Decided October 10, 1956.


Attorney(s) appearing for the Case

G. H. Mingledorff, for plaintiff in error.

L. A. Hargreaves, Marshall Ewing, Lee R. Williams, George Jordan, contra.


FELTON, C. J.

It is too well settled to require citation of authority that in such a case as this the court of ordinary has no power or authority to construe a will. Since the application for citation in this case prayed for a full accounting by the executor, it was necessary to construe the will in order to ascertain the rights of the parties. A construction of the will in this case is necessary to ascertain whether or not the executor had completed his duties under...

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