Ellis v. McWilliams

The superior court, on appeal from the court of ordinary, dismissed the petition of the administrator de bonis non which sought to require a removed administrator to account with the administrator de bonis non. The exception is to that judgment. The question has already been settled in principle. In Cook v. Weaver, 77 Ga. 9, 13, it was held that the court of ordinary had no such authority as to an executor who had been discharged. The court stated: “He is in no sense longer an officer of the court of ordinary, so as to be cited there to appear and answer in that capacity.” To the same effect,…