Legal Opinion

Foster v. Foster

Supreme Court of Georgia

Decided January 10, 1951No. 17302PublishedCited by 29 opinions

1Opinion of the Court

Almand, Justice.

In the probate of a will in solemn form, notice must be given to all the heirs at law of the testatrix. Code, § 113-602. Such notice must be personal if the heirs at law reside in this State, and only if they reside without the State, or their addresses are unknown, can service of notice by publication be made. § 113-607.

“As to a person sui juris, the matter of making a change in domicile is one involving the exercise of volition and choice.” Stanfield v. Hursey, 36 Ga. App. 394 (3) .(136 S. E. 826); Code, § 79-406. In the probate of a will in solemn form, the absence from the…

2Cases cited30 opinions

  1. Stallings v. StallingsSupreme Court of Georgia · 1907
  2. Equitable Building & Loan Ass'n v. BradySupreme Court of Georgia · 1930
  3. Hobby v. BunchSupreme Court of Georgia · 1889
  4. Jones v. JonesSupreme Court of Georgia · 1936
  5. Mauck v. RosserSupreme Court of Georgia · 1906

25 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Holloway v. FreyCourt of Appeals of Georgia · 1973
  2. DeJarnette Supply Co. v. F. P. Plaza, Inc.Supreme Court of Georgia · 1972
  3. Hughes v. Aetna Casualty & Surety Co.Oregon Supreme Court · 1963
  4. Thompson v. LagerquistSupreme Court of Georgia · 1974
  5. Dunn v. DunnSupreme Court of Georgia · 1965

24 more not listed; retrieve them via the Exa API.

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