Rowe Et Al., Executors v. Rowe Et Al., Guardians., 113 Ga. App. 684, 149 S.E.2d 414 (1966)
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Summary
Judgment affirmed. Felton, C. J., and Pannell, J., concur.
Summary
Judgment affirmed. Felton, C. J., and Pannell, J., concur.
Text
Jones & Douglas, Dubignion Douglas, for appellees.Beverly B. Hayes, for appellants.
1. In a proceeding brought under the provisions of Code Ch. 31-2, for the assignment of dower, the contention of the executors of the estate involved that there had been no proper and timely notice, as required by the provisions of Code 31-202, to one of the co-executors, who was a nonresident, was waived by the prior or simultaneous appearance of the executors to defend on the merits of the case by the filing of a general demurrer to the petition. Wilson v. City Council of Augusta,
2. The sole contention made by the executors in connection with their general demurrer to the petition that the right to dower is a personal right which must be exercised by the widow herself and cannot be exercised for an incompetent widow by her guardians is not meritorious. LaGrange Mills v. Kener,
was decided adversely to the contentions of the appellants by the judgment of the Supreme Court, to which this case was originally carried on appeal, transferring this case to this court and holding that the action was not one seeking any equitable relief.
1966
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