Citizens & Southern National Bank v. Hendricks

In this case the trial court sustained a general demurrer to the petition and dismissed the action. On exception the Court of Appeals ruled: “‘The probate of a will containing defamatory matter is a publication thereof, creating a cause of action against the estate of the testator, which cause of action is considered to have accrued subsequent to the testator’s death; hence it is not abated by his death.’ Under this rule the petition in this case sets out a cause of action for libel, and the trial judge erred in sustaining the general demurrer to the petition.” On application for certiorari…