Bowman v. Bowman

Supreme Court of Georgia
Bowman v. Bowman, 60 S.E.2d 242 (Ga. 1950)
207 Ga. 226; 1950 Ga. LEXIS 399
Atkinson

Bowman v. Bowman

Opinion

Atkinson, Presiding Justice.

1. The allegations of the petition as amended — showing rendition of a final judgment denying probate of the will, dated November 1, 1946, and that the judgment setting apart the propertj'- as a year’s support had been made the judgment of the court of ordinary and had been duly recorded in the ordinary’s office— were sufficient as against general demurrer to set forth a cause of action for the appointment of a receiver to preserve the property pending final adjudication on probate of the alleged will dated February 27, 1946, and cancellation of the quitclaim deed.

2. Accordingly, since the petitioner was entitled to some of the relief prayed for, the trial court did not err in overruling the defendant’s demurrer. Arteaga v. Arteaga, 169 Ga. 595 (4) (151 S. E. 5); Rowland v. Rowland, 204 Ga. 603 (6) (50 S. E. 2d, 343).

Judgment affirmed.

All the Justices concur.

Reference

Full Case Name
Bowman, Executor, Et Al. v. Bowman
Cited By
3 cases
Status
Published