Clark v. Davis

Ruffin, Judge.

Dock H. Davis, the executor of the estate of R H. Montgomery, Jr., filed a petition in probate court seeking compensation under OCGA § 53-6-143 for distributing certain property in kind.1 The probate court entered an order denying the petition. Davis then appealed this decision to the superior court.2 Following a jury trial, the jury found that Davis was entitled to a commission equal to two and one-half percent of the value of the property delivered in kind, although it was not asked to make any findings as to the value of such property. The superior court entered judgment on…