Deen v. McCorkle
Deen v. McCorkle
Opinion of the Court
Robert Hemy Deen and Mildred B. Deen as
We are aware that Code § 37-1004 provides in part: “legatees, distributees, and wards suing executors, administrators, and guardians, need not join others interested in the estate as parties plaintiff or defendant.” The Code section means no more than that generally others interested in the estate are not essential parties in a suit brought by legatees, distributees, and wards, suing executors, administrators, and guardians, but does not provide that legatees, devisees, or heirs having an interest in the estate and the manner in which it is administered may not in a proper case intervene to assert their rights, such as obtaining a revocation of the discharge of guardian, executor, or administrator and obtaining a complete accounting of such fiduciary as to the whole estate. “It is a well settled rule that all persons who are directly or consequentially interested in the result of litigation should be made parties, either plaintiff or defendant, to proceedings for equitable relief.” Flinn v. Flynn, 210 Ga. 280, 281 (79 S. E. 2d 534). See also, in this connection, Tison v. Tison, 12 Ga. 208.
Judgment reversed.
Reference
- Full Case Name
- DEEN v. McCORKLE
- Status
- Published