Dame v. McGowen

1. “When the court of ordinary has granted letters testamentary, administration or guardianship, to a person entitled and capable of discharging the duties of the trust, no new appointment can be made until the former appointment is vacated by death, removal, or in some other way.” Justices v. Selman, 6 Ga. 432 (4); Gilbert v. Stephens, 106 Ga. 753 (32 S. E. 849); Dickerson v. Bowen, 128 Ga. 122 (3) (57 S. E. 326) ; Knowles v. Knowles, 132 Ga. 806 (2) (65 S. E. 128).

2. Accordingly, where the court of ordinary has appointed one as adminis*333trator upon an estate, and such administrator has…