ROWE v. ROWE

41967.

113 Ga. App. 684 (1966)

149 S.E.2d 414

ROWE et al., Executors v. ROWE et al., Guardians.

Court of Appeals of Georgia.

Decided May 17, 1966.


Attorney(s) appearing for the Case

Beverly B. Hayes, for appellants.

Jones & Douglas, Dubignion Douglas, for appellees.


FRANKUM, Judge.

1. In a proceeding brought under the provisions of Code Ch. 31-2, for the assignment of dower, the contention of the executors of the estate involved that there had been no proper and timely notice, as required by the provisions of Code § 31-202, to one of the co-executors, who was a nonresident, was waived by the prior or simultaneous appearance of the executors to defend on the merits of the case by the filing of a general demurrer...

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