Supreme Court of Georgia May 10, 1973, 27841 (Maddox v. Wheeler)

Nichols, Justice.

This is an appeal from a judgment granting a summary judgment and dismissing a complaint in the superior court seeking to enjoin the executor of an estate from changing or disposing of the assets of such estate, and seeking to have the executor and legatees under such will declared trustees ex maleficio for the use and benefit of beneficiaries under a former will of the