Melville Fuller

“ It is argued, however, that upon Erwin's resignation the whole trust remained in Gray as survivor, and that the ordinary could not make a new appointment while the office was not vacant; and section 2514 of the Code is referred to, providing that, upon the revocation of the letters of one administrator, the trust remains in the hands of the other. ”

“ Pou, 18 Ga. 346, it was held that 'the judgment of dismissal, by the court of ordinary, in such cases, must operate as a discharge from all liability on the part of the administrator, unless the same be impeached in that court, for irregularity, or in the superior court, for fraud;' and in Bryan v. Walton, 14 Ga., 186, that the order appointing an administrator, and in Davie v. McDaniel, 47 Ga. 195, and McDade v. Burch, 7 Ga. 559, that an order for sale of lands could not be collaterally attacked. ”

“ People, 15 Ill. 284. As already stated, under the provisions of the Georgia Code, where there are more than one administrator, and the letters of one are revoked, he must account to his co-administrator 'as to an administrator de bonis non,' and as, in the instance of the resignation of a sole administrator, he must account to his successor, so where there are more than one, he who resigns must account to his co-administrator, as such successor, who would in effect in such case be an administrator de bonis non. ”