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In re Estate of Johnston

The estate's administrator failed to comply with O.C.G.A. § 53-7-50 b 1's notice provision, and the probate court failed to hold a hearing before concluding that the appellant was not a creditor of the estate and discharging the administrator.

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Markel Hutchins, a purported creditor of the Estate of Kathryn Sanford Johnston “the Estate”, appeals the probate court’s denial of his motion to set aside the discharge of the Estate administrator and motion for an accounting and return of Estate funds. For the reasons that follow, we vacate the probate court’s order discharging the administrator and remand for proceedings consistent with this opinion.

The record shows that on November 21, 2006, Kathryn Johnston was shot and killed in her home by undercover Atlanta Police Department “APD” officers serving a no-knock warrant. Johnston’s niece, Sarah Charles Dozier, was appointed as the administrator of Johnston’s estate in October 2007. In such capacity, Dozier filed suit in Fulton County State Court in November 2007 against the City of Atlanta “the City”, the police chief, and several officers seeking damages for, inter alia, Johnston’s wrongful death and pain and suffering.1 In August 2010, following mediation, Dozier and the City ultimately settled the case for $4.9 million. The City resolution authorizing the settlement stated that the settlement checks, made in two installments,2 were to be “made payable to Sarah C. Dozier and the firm of Cochran, Cherry, Givens, Smith, Sistrunk, and Sams. Such payment shall be in full consideration of the dismissal of all claims against the City of Atlanta. . . .”

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