Evans v. Evans

I agree that the judgment of the probate court should be reversed but not for the reason stated.

The probate court is not a court of equity and thus did not have the power to impress a trust on the property still held in the executor’s hands. Evans v. Little, 246 Ga. 219, 221 (271 SE2d 138) (1980) (superior court, not probate court, has equity jurisdiction); see Logan v. Nunnelly, 230 Ga. 588 (198 SE2d 321) (1973) (probate court does not have general equity jurisdiction). The only reason the executor held the property is that he had not yet received permission of the probate court to disburse…