Donehoo v. Donehoo

Nichols, Justice.

1. Under the decision of this court in Brewton v. McLeod, 216 Ga. 686 (119 SE2d 105), the plaintiff, as co-executor under the will of his deceased wife, was entitled to maintain the present action for construction of the will regardless of whether he would have been entitled to declaratory judgment and the trial court did not err in failing to sustain the motion to dismiss for failure to state a claim or for lack of standing of the co-executor to bring a petition for construction of such will. Thus, no reversible error appears from the failure of the trial court to expressly…