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HENDERSON v. McVAY

No. S97A1764.

494 S.E.2d 653 (1998)

269 Ga. 7

HENDERSON v. McVAY.

Supreme Court of Georgia.

January 26, 1998.

Attorney(s) appearing for the Case

Louis Levenson, Atlanta, for J. Perry Henderson.

R. Mark Mahler, County Attorney, Canton, for Kipling L. McVay, Judge.

FLETCHER, Presiding Justice.

J. Perry Henderson, as executor, filed a petition in probate court to probate in common form the 1993 will of Alice Dora Little. After probate was delayed, Henderson filed this mandamus action in superior court seeking to compel Probate Judge Kipling L. McVay to probate the will. The superior court denied the petition for mandamus. Because an order granting probate in common form is a judicial act and Henderson does not have a clear legal...

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