Patillo v. Barksdale

• Citation: 22 Ga. 356
• Decision Date: 31 May 1857
• Docket Number: No. 2.,2.
• Parties: Leroy Patillo, plaintiff in error. vs. John Barksdale, defendant in error.
• Court: Supreme Court of Georgia

22 Ga. 356

Leroy Patillo, plaintiff in error. vs. John Barksdale, defendant in error.

No. 2.

Supreme Court of the State of Georgia

MAY TERM, 1857.

Revocation of Letters ok Administration, in Walton Superior Court. Decision by Judge Jackson, at February Term, 1857. Appeal from Ordinary.

Peter Stubblefield, formerly a citizen of Georgia, removed to the State of Alabama, where he died.

[22 Ga. 857]

Letters of administration on his estate were granted by the Court of Ordinary of Walton county in the State of Georgia, to Leroy Patillo. It was admitted that the deceased left no property or effects in the State of Georgia, and that at the time of his death he was a citizen of Alabama, and that the object of obtaining administration in Georgia, was to enable the administrator, under the Judiciary Act of 1799, to establish a copy of a lost deed, executed by said Stubblefield, while in life.

The Ordinary of Walton county, on motion of John Barks-dale, by his attorney, granted a rule nisi, requiring Patillo to show cause why his letters of administration should not be revoked, upon the grounds—

1st. Because, at the time of his death, Peter Stubblefield did not reside in the county of Walton.

2d. Because at the time of his death, said Peter had no assets in the county of Walton.

3d. Because the Court which granted the letters of administration, had no jurisdiction,

4th. Because, citation neither issued nor was published as is required by law, prior to the appointment of the administrator.

5th. Because, Stubblefield was not possessed of assets in the State of Georgia, at the time of his death.

On appeal from the Ordinary, the Judge of the Superior Court held, that no letters of administration could be legally granted upon the estate of deceased by the Ordinary of Walton county, and ordered and adjudged, that said letters be revoked and annulled.

To which decision and judgment, counsel for the administrator excepted.

C. D. Davis, for plaintiff in error.

Hillyer, for defendant in error.

By the Court.—Benning, J. delivering the opinion.

Can the Courts of Ordinary of this State, grant letters of administration on the estate of a man, who, at the time of his death, was a citizen of another State, and who had no property of any sort within this State?

We think not.

It seems that no Ecclesiastical Court in England, had power to grant administration an the estate of a person, unless that person left bona notabilia within the province over which the Court had jurisdiction. I....