
    Sutherland v. Barker et al.
    
    No. 4914.
    December 21, 1925.
    Appeal. Before Judge Humphries. Fulton superior court. April 14, 1925.
    John Sutherland, the natural parent, next friend, and the nearest blood kin to John Sutherland Donovan, filed a caveat setting up that George B. Donovan died intestate; that the petition for probate did not have attached to it a copy of the alleged will; that the guardian or ward has no right in law to recommend an administrator; that it is especially necessary that the petition for probate should have attached a copy of the alleged will, in order to place all interested parties upon notice and to determine the rights of the heirs or creditors; that by reason of his relationship to John Sutherland Donovan he is entitled to the appointment of administrator; that to have two administrators, as asked by said Barker and said Huguley, would be an extravagance and an expense taxed against said estate of the minor; that neither Barker nor Huguley is related to said minor, are not next friends, and have no right or standing or qualifications under the law to be appointed as administrators. The applicants for probate moved, on stated grounds, to strike the caveat. On appeal to the superior court the caveat was dismissed, and error is assigned on that judgment.
    
      Walter B. Brown and W. K. Dial, for plaintiff in error.
    
      Slaton & Hopkins, contra.
    Wills 40 Cye. p. 1260, n. 43.
   Gilbert, J.

The caveator in this case is not an heir at law, and no such interest is shown in him as to entitle him to intervene in the proceedings to probate the will. The judge did not err in sustaining the demurrer to the caveat. Pierce v. Felts, 148 Ga. 195 (96 S. E. 177); Varnedoe v. Cousins, 148 Ga. 229 (96 S. E. 326).

Judgment affirmed.

All the Justices eoneur.  