Higginbotham v. Adams

Duckworth, Justice.

The first question encountered is whether the petitioner as a legatee has the right to maintain this action against a third person. The general rule on this subject is that creditors and heirs may sue third persons only in the name of the representative of the estate. Code, § 113-1512; Hardwick v. Thomas, 10 Ga. 266; Worthy v. Johnson, 8 Ga. 236 (2) (52 Am. D. 399); Edwards v. Kilpatrick, 70 Ga. 328; 21 Am. Jur. 940, § 1003. It is also the law, that, in the absence of fraud and collusion between the executor and a creditor, a judgment regularly rendered in a court of…