SUTTON v. HUTCHINSON

25586.

226 Ga. 99 (1970)

172 S.E.2d 663

SUTTON, Administrator, et al. v. HUTCHINSON et al.

Supreme Court of Georgia.

Decided February 5, 1970.


Attorney(s) appearing for the Case

Edward Parrish, Virgil D. Griffs, for appellants.

Young, Young & Ellerbee, for appellees.


FELTON, Justice.

In this action by two of the heirs at law of the testatrix of a purported nuncupative will to set aside the judgment of a court of ordinary appointing the defendant as administrator with the alleged nuncupative will annexed, pretermitting the issue of the validity of the alleged nuncupative will otherwise, where there was no genuine issue of material fact and the pleadings and stipulations of fact on file showed that there was no personal service...

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