Davis v. Davis

In a contest for appointment as administrator, -“if there be several of the next of kin equally near in degree, the person selected in writing by a majority of those interested as distributees of the estate, and who are capable of expressing a choice, shall be appointed” (Civil Code of 1910, § 3943 (3)); and if the ijerson thus selected be competent, qualified, and disinterested (Popwell v. Nail, 27 Ga. App. 97, 107 S. E. 364), neither the ordinary nor the jury on appeal has any discretion in the matter (Mandeville v. Mandeville, 35 Ga. 243 (3), 247) ; nor is such fitness to be measured and…