Estate of Norton v. Hinds, 73760
| Decision Date | 03 March 1987 |
| Docket Number | No. 73760,73760 |
| Citation | 354 S.E.2d 663,182 Ga.App. 35 |
| Parties | ESTATE OF Alberta NORTON v. HINDS. |
| Court | Georgia Court of Appeals |
William M. Phillips, Ringgold, for appellant.
Frank M. Gleason, Rossville, for appellee.
Charles Hinds, Jr. petitioned the probate court of Catoosa County to set aside the grant of a year's support to Alberta Norton approximately two and one-half years after the grant of the year's support and thirteen months after the death of Norton. No legal representative of Norton's estate had been appointed. Hinds had notice served on Norton's former attorney, several of Norton's children and the county administrator. The probate court ultimately reinstated the grant of year's support and Hinds then appealed to the Superior Court of Catoosa County, naming the "Estate of Alberta Norton" as party defendant. The superior court found that "there does not appear from the record in said case that anyone has been appointed by the Probate Judge of Catoosa County to serve as Executor or Administrator of the Estate of Alberta Norton, deceased, nor has there been a substitution of parties, and that more than 180 days has lapsed since her death, ..." Nevertheless, the superior court addressed the merits of Hinds' appeal and reversed the probate court's order regarding the year's support. Appeal was made to this court by a party designated as "Estate of Alberta Norton."
Western, etc., R. Co. v. Dalton Marble Works, 122 Ga. 774, 775 (1, 2), 50 S.E. 978 (1905). " Knight's Pharmacy Co. v. McCall, 181 Ga. 617, 618(2), 183 S.E. 497 (1936). Exceptions to the rule that an estate is not a legal entity which can be a party to legal proceedings have been recognized by the courts where, e.g., the estate was the trade or firm name of disclosed individuals operating under that name, Farmers, etc., Bank v. Farkas, 27 Ga.App. 153, 155, 107 S.E. 610 (1921); or where the actual parties at interest were involved in the litigation of the suit, such as the personal representative of the estate (Block v. Voyager Life Ins. Co., 251 Ga. 162(1), 303 S.E.2d 742 (1983)) or the executor and guardian (Tingle v. Cate, 142 Ga.App. 467, 470, 236 S.E.2d 127 (1977)). These exceptions, however, are inapplicable here where it appears suit was filed in order to bind a non-legal entity, the estate. No personal representative had been named at the time the proceedings were instituted; no personal representative has been properly named in the interval. An application made by one of Norton's children for letters of administration of...
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