NASH v. WILLIAMSON

36624.

95 Ga. App. 616 (1957)

98 S.E.2d 239

NASH v. WILLIAMSON et al.

Court of Appeals of Georgia.

Decided April 24, 1957.


Attorney(s) appearing for the Case

John A. Frazier, Jr., for plaintiff in error.

Archibald A. Farrar, contra.


FELTON, C. J.

The court did not err in sustaining the general demurrer and in dismissing the action.

Before title passes to a devisee and before a devisee is entitled to possession of the property devised, there must be assent of the executor. Code § 113-801. This section applies with equal force to an administrator cum testamento annexo. Whatley v. Musselwhite, 189 Ga. 91, 101 (5 S.E.2d 227). It does not appear from the petition that the...

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