Popwell v. Nail
Court of Appeals of Georgia
Appeal; from Wayne superior court — Judge Highsmith. February 1, 1921. This is a contest over the appointment of an administrator of the estate of Marion Hopwell, decedent. The decedent was a resident of Wayne county, Georgia, and died in September, 1919. He was unmarried, and his heirs at law were his brother, George W. Popwell, and two sisters, Mrs. Georgia A. Nail and Mrs. Martha Harrison.
Read the full summary
Appeal; from Wayne superior court — Judge Highsmith. February 1, 1921. This is a contest over the appointment of an administrator of the estate of Marion Hopwell, decedent. The decedent was a resident of Wayne county, Georgia, and died in September, 1919. He was unmarried, and his heirs at law were his brother, George W. Popwell, and two sisters, Mrs. Georgia A. Nail and Mrs. Martha Harrison. The brother was appointed temporary administrator and applied to the ordinary for appointment as permanent administrator. To this application a caveat upon various grounds was filed by Mrs. Nail. The…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) Section 3943 of the Civil Code (1910) prescribes the rules which shall govern in the granting of letters of administration. It provides:' “In the granting of letters of administration of' any kind the following rules shall be observed; the applicant being in all cases of sound mind and laboring under no disability.” Following this language ten subsections or paragraphs are set out. The first of tírese subsections or paragraphs gives the right to “the husband or wife surviving, irrespective .of age.” The second provides: “ The next of kin, at the time of…
2Cases cited4 opinions
- Mattox v. EmbrySupreme Court of Georgia · 1908
- Mandeville v. MandevilleSupreme Court of Georgia · 1866
- Leverett v. DismukesSupreme Court of Georgia · 1851
- Murdock v. HuntSupreme Court of Georgia · 1881
3Cited by4 opinions
- Davis v. DavisCourt of Appeals of Georgia · 1925
- Rowe v. WalkerCourt of Appeals of Georgia · 1929
- Sullens v. PierceCourt of Appeals of Georgia · 1932
- Smith v. CollinsCourt of Appeals of Georgia · 1940