Toombs v. Hilliard

Hawkins, Justice.

1. A judgment of the court of ordinary, granting permanent letters of administration to one who is not entitled to the administration, may be set aside in a direct proceeding in equity, instituted by heirs at law of the intestate, on the ground that the applicant falsely and fraudulently represented in his application that the facts were such as to entitle him to appointment. Bowers v. Dolen, 187 Ga. 653 (1 S. E. 2d, 734); Fulmer v. Wilkins, 201 Ga. 322, 330 (39 S. E. 2d, 405); Deas v. Jackson, 204 Ga. 134 (48 S. E. 2d, 878); Jue v. Joe, 207 Ga. 119 (60 S. E. 2d, 442);…