Hausauer v. Order of Railway Conductors Home Ass'n

1. As a general rule, where there is no legal representative of an estate a suit can not be maintained directly at the instance of the sole heir at law, to recover from a third person personal property left by the deceased. Murphy v. Pound, 12 Ga. 278; Morgan v. Woods, 69 Ga. 599; Smith v. Smith, 141 Ga. 629 (7) (81 S. E. 895) ; Brown v. Mutual Life Insurance Co., 146 Ga. 123-4 (90 S. E. 856); Battey v. Meyerhardt, 157 Ga. 800 (122 S. E. 195).

(а) Special circumstances, such as collusion by an administrator with the other party, which might make an exceptional case, were not here involved.

(б)…