ANDRUS v. ANDRUS

No. A07A2477.

659 S.E.2d 793 (2008)

ANDRUS et al. v. ANDRUS et al.

Court of Appeals of Georgia.

March 20, 2008.


Attorney(s) appearing for the Case

Hodges, McEachern & King, Carl H. Hodges, Jonesboro, Timothy K. King, for appellants.

Browning & Smith, George T. Smith, Marietta, for appellees.


SMITH, Presiding Judge.

William David Andrus and Jane Andrus, as trustee and executrix of the last will and testament of Wheeler Noble Hamilton ("trustees"), appeal from the trial court's order setting aside its previous dismissal of a declaratory judgment action filed against them by William Hamilton Andrus, Catherine Shutters, and Bettye Anderson ("putative heirs"). For the reasons set forth below, we affirm.

The record shows that on February 22, 2001, the...

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