Hardwick v. Avary

Jordan, Judge.

1. The note sued upon in this case being made payable to “A. G. Smith, Trustee,” the legal title to said obligation was vested in Smith individually (Dozier v. McWhorter, 117 Ga. 786, 789, 45 SE 61); and upon his death the legal title descended to his personal representative and not to the successor in trust. Consequently, the right to collect said note in an action at law accrued to the personal representative and not to the successor in trust. Kennedy v. Gelders, 7 Ga. App. 241 (2) (66 SE 620); Zellner v. Cleveland, 69 Ga. 631; Saffold v. Banks, 69 Ga. 289. Accordingly, while…