Darnell v. Tate

(After stating the foregoing facts.) The Supreme Court of Georgia, in dealing with a general demurrer in the present litigation (Darnell v. Tate, 206 Ga. 576, 586, 58 S. E. 2d, 160), said: “Under the provisions of Code §§ 113-1101 and 113-2306, the court of ordinary has jurisdiction to accept the resignation of an executor and to appoint a successor according to the manner provided for in the will. The selection of a successor executor does not involve a construction of the will, and the item of the will providing for the manner of appointing a successor is plain and unambiguous, and within…