OAKLEY v. ANDERSON

30370.

235 Ga. 607 (1975)

221 S.E.2d 31

OAKLEY v. ANDERSON et al.

Supreme Court of Georgia.

Decided November 24, 1975.


Attorney(s) appearing for the Case

Dodd, Driver, McClatchey & Connell, Eugene H. Driver, Jr., Ellwood F. Oakley, III, for appellant.

Pye, Groover & Pye, Tom Pye, Durwood T. Pye, for appellees.


HALL, Justice.

The sole issue before the court in this injunction suit is whether the probate in solemn form of the will of Emily Stevenson Feely should be set aside for the reason that the heirs-at-law of testatrix were not properly served in the probate proceeding as required by Code Ann. §§ 113-602 and 113-607. Under those sections, heirs-at-law are entitled to personal service "if the party resides in the State, and is known" (Code Ann. § 113-607...

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