Squire v. Vazquez, 24786

• Decision Date: 09 December 1935
• Docket Number: No. 24786,24786
• Parties: SQUIRE . v. VAZQUEZ.
• Court: Georgia Court of Appeals

52 Ga.App. 217

183 S.E. 126

SQUIRE .

v.VAZQUEZ.

No. 24786

Court of Appeals of Georgia,

Division No. 2.

Dec. 9, 1935.

.

Syllabus by Editorial Staff.

Error from Superior Court, Richmond County; A. L. Franklin, Judge.

Claim by Maria Fclipa Vazquez, to which E. B. Squire, as administrator of the estate of Genaro Vazquez, deceased, filed a demurrer. To review a judgment overruling the demurrer, the administrator brings error.

Affirmed.

Abram Levy and Geo. Hains, Sol. Gen., both of Augusta, for plaintiff in error.

Jose Sabater, of Mayaguez, P. R., W. H. H. Jones, of Augusta, and T. F. Bowden, of Atlanta, for defendant in error.

Syllabus Opinion by the Court.

JENKINS, Presiding Judge.

The administrator of the estate of Genaro Vazquez, who had formerly lived in Porto Rico and who died in Augusta, Ga., published a notice of the intended escheat of the decedent's estate, consisting of personal property. This case involves a claim, filed in the court of ordinary by Maria Felipa Vazquez, which was transmitted to the superior court, and which on its face shows that she is the sister of the whole blood of the deceased, that there is no other surviving sister and no surviving brother of the deceased, and that, as the sole surviving heir, she is entitled to the entire estate. It appears from the records in two companion cases in this court, 183 S.E. 127, and No. 24787, ¹ that two other claims had been filed by half-sisters and half-brothers of the deceased, and that demurrers were filed to each of such claims as well as the claim in the instant case. Each demurrer seems to have been independently determined without any reference to the other claims or their relative merits and priorities. In the instant case, the demurrer of the administrator is on the ground that the claim shows no cause of action, and that "the claimant claims said estate by reason of being a sister of the deceased and the daughter of Wenccslo Vazquez and Maria Ysabel Vazquez, when in fact the deceased was the son of Julio Vazquez, sometimes known as Auro Vazquez and Juana Ortiz, and that the said father and mother of the deceased were never married." Nothing appears in the claim on which to base this contention in the demurrer. Held:

1. The claim for the escheat of an estate showing on its face that the claimant is the sister of the whole blood of the de-ceased, that there is no other surviving sister and no surviving brother of the deceased, and that, as the sole surviving heir, she is entitled to the...