Caudell v. Scoggins

Deen, Judge.

It has frequently been stated that where an administration of an estate is conducted on the presumption of intestacy and a will is afterward discovered, letters of administration previously issued are void “except as to such portions of the estate as had been fully administered prior to the production and probate of the will.” Crow v. Whitfield, 105 Ga. App. 436, 441 (124 SE2d 648); Walden v. Mahnks, 178 Ga. 825 (1) (174 SE 538, 95 ALR 1101); Thomas v. Morrisett, 76 Ga. 384. This does not mean that where no rights of third persons have intervened the mere fact that the…