Maneely v. Steele
Cases that cite this one
16 later published cases cite this decision.
- Roberts v. Wilson (Ga. 1944)
- Rainey v. Woodcock (Ga. 1954)
- Darnell v. Tate (Ga. 1951)
- Brewton v. McLeod (Ga. 1960)
- Taylor v. Taylor (Ga. 1949)
- Wright v. Heffernan (Ga. 1949)
- Bowen v. Bowen (Ga. 1946)
- Campbell v. Trust Company of Georgia (Ga. 1943)
- Trust Co. v. Smith (Ga. 1936)
- Pattison v. Farkas (Ga. 1935)
- Reece v. McCrary (Ga. 1934)
- McLarty v. Abercrombie (Ga. 1929)
- Willingham v. Watson (Ga. 1928)
- Jackson v. Callahan (Ga. 1921)
- Clay v. Clay (Ga. 1920)
- Armstrong v. Merts (Ga. 1947)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The petition in this case is not maintainable as one merely for the construction of a will; for, under section 4597 of the Code of 1910, only the representative of the estate may ask for the direction of a court. Cónstrued as a petition by a legatee for the recovery of property devised in a -will, a construction of the instrument may be invoked as a basis for such recovery. But in such case the petition must allege that the administrator has assented to the devise, or wrongfully refuses to assent. The petition does not conform to the above-stated requirements; and .therefore the court did not err in sustaining the demurrer. Lester v. Stephens, 113 Ga. 495 (3), 499 (39 S. E. 109).
Judgment affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.