Allmond v. Johnson

Birdsong, Judge.

The parties to this appeal are all brothers and sisters. Appellees originally sought to remove appellants as co-executors of their parents’ estate, and sought other relief, in probate court. From an adverse ruling, the co-executors Allmond and Clayton Johnson appealed to DeKalb County Superior Court. On trial de novo, the jury returned a verdict adverse to appellants, the co-executors, and they appeal to this court.

1. At a pretrial conference both parties agreed, and the trial court ruled, that the decision of the probate court in the proceedings from which the appeal was made…