Oakley v. Anderson

235 Ga. 607 (1975)

221 S.E.2d 31

OAKLEY

v.

ANDERSON et al.

30370.

Supreme Court of Georgia.

Argued October 14, 1975.

Decided November 24, 1975.

Dodd, Driver, McClatchey & Connell, Eugene H. Driver, Jr., Ellwood F. Oakley, III, for appellant.

Pye, Groover & Pye, Tom Pye, Durwood T. Pye, for appellees.

HALL, Justice.

The sole issue before the court in this injunction suit is whether the probate in solemn form of the will of Emily Stevenson Feely should be set aside for the reason that the heirs-at-law of testatrix were not properly served in the probate proceeding as required by Code Ann. §§ 113-602 and…