Thomas v. Thomas

Benham, Justice.

These appeals followed the decision of the probate court to appoint the county administrator as administrator de bonis non with will annexed of the estate of Gussie Thomas, after refusing to appoint the nominee of a majority in interest of the beneficiaries capable of expressing a choice. See OCGA § 53-6-24 (b) (1).

Appellants Dexter Thomas and June Combs and appellee W. Merrill Thomas are three siblings who were named co-executors of their mother’s estate in the will that was filed with the probate court. The testatrix also included a provision (“Item Six”) that the senior…