The appellants appealed to superior court from a probate court order granting letters of administration to the appellee, Dwight Spell; and the superior court granted summary judgment in favor of Spell. This appeal followed.
The appellants, as heirs of the estate in question, submitted affidavits to the effect that Spell was managing the property for his own benefit and in a manner adverse to the interests of the estate and the rightful heirs. They further contend that Spell is not qualified to be the administrator because he was not chosen pursuant to OCGA 53-6-24
(3) by a majority of those interested as distributees of the estate. Spell does not claim to be qualified under any other rule or statutory provision. Held:
The other enumerations of error have been considered and have either been determined to be without merit or are rendered moot by the foregoing.
T. V. Williams, Jr., Douglas W. Mitchell III, for appellee.