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WARNOCK v. WARNOCK

16921.

206 Ga. 548 (1950)

57 S.E.2d 571

WARNOCK et al. v. WARNOCK et al.

Supreme Court of Georgia.

February 16, 1950.

Attorney(s) appearing for the Case

Marvin O'Neal Jr., and Paul G. Cutright, for plaintiffs.

L. C. Underwood, J. Carlton Warnock, and W. S. Mann, for defendants.

ALMAND, Justice.

The exception here is to an order dismissing on general demurrer the petition, which made the following case: The plaintiffs, as legatees under the will of D. F. Warnock Sr., deceased, filed their petition in equity against J. T. Warnock, individually and as an executor of the will of said D. F. Warnock Sr., praying: (a) that the judgment of the court of ordinary of August 3, 1936, discharging the defendant as executor be set aside and canceled; ...

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