Maybin v. Knighton
| Decision Date | 30 September 1881 |
| Citation | 67 Ga. 103 |
| Parties | Maybin, administrat0r. vs. Knighton et al. |
| Court | Georgia Supreme Court |
Ordinary. Jurisdiction. Administrators and Executors. Before Judge Fleming. Randolph Superior Court. May Term, 1881.
Reported in the decision.
Kennon & hood; C. B. wooten, for plaintiff in error.
T. J. Flewellen; w. C. Worrill, for defendants.
Maybin, the plaintiff in error, as the administrator 01 Moses Knighton, filed his bill in Randolph superior court against the defendants for an account and settlement. When the parties announced ready and a jury was empannelled, counsel for respondents moved to dismiss the bill, on the ground that at the time complainant was appointed administrator on the estate of Moses Knighton, his intestate, he, the said administrator, was and still is a citizen of the state of Alabama, and that the mother of com-plainant, still in life, is a daughter of complainant\'s intestate. On being inquired of by the court, complainant\'s counsel admitted that such were the facts, but insisted that such facts could not be inquired into on this trial, and that the judgment of the court of ordinary appointing complainant administrator was conclusive and could not be attacked in this way.
It was further admitted that complainant had been appointed administrator after the usual legal proceedings in the court of ordinary, Randolph county, Georgia, where complainant's intestate lived at the time of his death, and that said complainant was appointed before the commencement of this suit, administrator of the estate of said intestate, and letters of administration had issued to him accordingly." After argument had, the court sustained said motion and dismissed said bill, whereupon complainant excepted and assigned the same as error. The question made by this record is whether the judgment rendered by the court of ordinary of Randolph county, in the appointment of this administrator could be collaterally attacked by showing that the complainant was not a citizen of this state at the time of his appointment. To give the court of ordinary jurisdiction in the appointment of an administrator, it " must be had in the county of the residence of the deceased if a resident of this state, and if not a resident, then in some county where the estate or some portion thereof is." Code, §2502.
None but citizens of the United States residing in the state of Georgia are qualified to be made administrators, except as provided in the next section. Code, §2492. The exception is when the citizen of another state shall be heir at law of equal, greater or sole interests of any estate of a deceased citizen of Georgia. Code, §2493.
While we recognize these provisions of the Code, and it would be our duty to give them effect where properly invoked as to time and place, yet the question presented here is whether this...
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