Barksdale v. Cobb
Supreme Court of Georgia
Mandamus, in Upson Superior- Court. Decision by judge Starke, at Chambers, February 22d; 1854. The petition for mandamus set forth that Mrs. Maeharine Bunckley departed this life in Upson county, in the year 1850. That a paper purporting to be the will of Mrs. Bunckley had been.propounded for probate in the Court of Ordinary of said County, to which a caveat had been filed, and that the issue made thereon was now pending on the appeal in Upson Superior Court.
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Mandamus, in Upson Superior- Court. Decision by judge Starke, at Chambers, February 22d; 1854. The petition for mandamus set forth that Mrs. Maeharine Bunckley departed this life in Upson county, in the year 1850. That a paper purporting to be the will of Mrs. Bunckley had been.propounded for probate in the Court of Ordinary of said County, to which a caveat had been filed, and that the issue made thereon was now pending on the appeal in Upson Superior Court. That the petitioner made application to William A. Cobb, Ordinary of Upson county on the 17th day of August, 1858, for. letters of…
1Opinion of the Court
By the Gourt.
Lumpkin, J.
delivering the opinion.
Two questions only are made in this record. 1st. Was the 1 Ordinary of Upson right in refusing to grant temporary letters, ■on the ground that the securities, although ample, resided, all ■of them, in the neighboring county of Talbot? 2d. Was mandamus the proper remedy ?
[1.] Upon the first ground, we are not prepared to sustain the Ordinary. We think that the bare fact that the securities •reside in a different county from the one in which the application is made, is not of itself, a sufficient reason for refusing" administration, either…
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