UPDATE TO THIS POST! AS OF 6/21/19 AFFIANT AND BENEFICIARY MICHAEL BURKE. HAS FILED HIS SECOND "SWORN AFFIDAVIT" UPON HIS LATE FATHER'S ESTATE PROPERTY. FORMALLY REPORTING FALSE DEED FILINGS, AND NOW "VERIFIABLE" MORTGAGE FRAUD UPON IT!
ATTENTION ALL GEORGIA RESIDENTS WITH A LAST WILL AND TESTAMENT, PROBATE ATTORNEYS, REAL ESTATE ATTORNEYS, STATE REPRESENTATIVES, AND LAW ENFORCEMENT!
I Complainant James Pitts would like to PUBLICLY report that the 11/20/17 sell of 686 Cedar Avenue, Atlanta, Georgia 30318 is VOID AND LEGALLY UNENFORCEABLE!
HERE'S WHY! The late Johnny Burke Sr., died on October 14, 2014 (TESTATE) meaning he died leaving a Last Will And Testament. The late Johnny Burke Sr. DID NOT give Birdine Harris, the CRIMINAL MINDED Executrix of his Estate. Any LAWFUL AUTHORITY to sell his REAL nor PERSONAL PROPERTY on 11/20/17.
A copy of the late Johnny Burke Sr.'s Last Will And Testament is attached to Beneficiary Michael Burke's 1/26/18 Sworn Affidavit, that is CURRENTLY filed upon 686 Cedar Avenue, Atlanta, Georgia 30318. TO CLOUD ITS TITLE!
READ : Beneficiary Michael Burke's 1/26/18 Sworn Affidavit Filed Upon 686 Cedar Avenue Atlanta Georgia 30318
Nor did the late Johnny Burke Sr., give CORRUPT Fulton County Probate Judge Pinkie T. Toomer ANY LEGAL AUTHORITY to grant Birdine Harris her UNLAWFUL authority!
Yet Birdine Harris, with the UNLAWFUL AUTHORITY of CORRUPT Fulton County Probate Judge Pinkie T. Toomer did so, on 11/20/17 IN CLEAR VIOLATION OF GEORGIA LAW!
IN ORDER TO LAWFULLY SELL ESTATE PROPERTY IN GEORGIA. HERE'S WHAT'S LEGALLY REQUIRED TO DO SO!
1. The Last Will And Testament of the Testator (Man) or Testatrix (Woman) MUST give both the Probate Judge, as well as the Personal Representative of the Estate that authority. The Probate Judge, as well as the Personal Representative of the Estate MUST abide by the Terms of the Testator's/Testatrix's Last Will And Testament. As is REQUIRED pursuant to O.C.G.A. 53-4-55.
SEE AND READ: O.C.G.A. 53-4-55
2. OR if there's more than one Beneficiary of the Estate, and ALL BENEFICIARIES agree to a sell of the Estate property, contrary to the Last Will And Testament. IT MUST BE APPROVED BECAUSE GEORGIA LAW, WANTS TO PROMOTE FAMILY HARMONY, NOT CONTROVERSY!
3. The Personal Representative, Executor meaning (Man) or Executrix meaning (Woman) MUST file a Petition For Leave To Sell Property, as is REQUIRED by O.C.G.A. 53-8-13.
UNLESS the Last Will And Testament of the Testator (Man) or Testatrix (Woman) gives their Personal Representative, THE POWER OF PUBLIC OR PRIVATE SALE WITHOUT THE ORDER OF ANY COURT! Then there's no need to file a Petition For Leave To Sell Property.
4. The Personal Representative, Executor meaning (Man) or Executrix meaning (Woman) is REQUIRED to place the Estate real property in the legal newspaper where County advertisements are published ONCE A WEEK, FOR 4 WEEKS BEFORE A HEARING! AS IS REQUIRED, PURSUANT TO O.C.G.A. 53-8-23(a).
Birdine Harris NEVER filed any Petitions For Leave To Sell Property in the legal newspaper where County Advertisements are published, ONCE A WEEK, FOR 4 WEEKS BEFORE A LEGAL HEARING!
Should this REQUIREMENT not be met, pursuant to GEORGIA LAW! ANY SELL OF ESTATE REAL PROPERTY, AS WELL AS DISTRIBUTION OF ANY FUNDS, IS VOID!
The Court of Appeals of Georgia held in Huggins v. Powell, 667 S.E. 2d 219 (2008) the following:
Furthermore, our Supreme Court has found that in the absence of publication of notice, the probate court has no authority to order a sale or distribution: "[t]he administrator is an agent with limited authority, and he can only acquire power to sell by complying with the requirements of the statute as to advertisement and citation. The court in turn only has authority to confer this power after such notice has been given." Id. at 205, 178 S.E. 745. The failure is jurisdictional, and an order to sell issued in violation of the publication requirement is void. See id.; Hawkins v. Walker, 158 Ga. App. 562, 563, 281 S.E.2d 311 (1981). Accordingly, although those defendants who appeared at the hearing did not specifically oppose the sale based on lack of publication, the evidence supports the trial court's denial of the petition.
FACT CHECK OF MY STATEMENTS
SEE AND READ: Huggins v. Powell, 667 S.E. 2d 219 (2008)
The Last Will And Testament of the late Johnny Burke Sr. also DID NOT grant Birdine Harris, nor CORRUPT Fulton County Probate Judge Pinkie T. Toomer the UNLAWFUL AUTHORITY OF A PRIVATE SALE OF HIS ESTATE REAL PROPERTY!
Therefore, Birdine Harris' 11/20/17 UNLAWFUL PRIVATE SALE of 686 Cedar Avenue, Atlanta, Georgia 30318 is VOID FOR A SECOND TIME!
The Court of Appeals of Georgia held in Fisher v. Pair, 69 Ga. App. 492 (Ga. Ct. App. 1943) held the following:
1. Where no authority for a private sale of realty is conferred by the will, the executor thereunder is without power to enter into a contract for such sale of the property of the testator's estate. Such a contract is violative of public policy, and is unenforceable.
FACT CHECK OF MY STATEMENTS
SEE AND READ: Fisher v. Pair, 69 Ga. App. 492 (Ga. Ct. App. 1943)
In closing, ALL GEORGIA RESIDENTS WITH A LAST WILL AND TESTAMENT! What you say in your Last Will And Testament MUST PREVAIL!
To prove beyond ANY REASONABLE DOUBT of what I Complainant James Pitts said above is TRUE AND CORRECT, TO THE BEST OF MY KNOWLEDGE!
I ask that you read this ORDER of the Supreme Court of Georgia, involving CORRUPT Fulton County Probate Judge Pinkie T. Toomer!
Here she abided by the Last Will And Testament of the late Ray Sr., and because she did, the Supreme Court of Georgia AFFIRMED her ruling! But when it came to the late Johnny Burke Sr., she KNOWINGLY VIOLATED GEORGIA LAW!
FACT CHECK OF MY STATEMENTS
SEE: Supreme Court Of Georgia - Stewart, Extrx. v. RAY.
PURSUANT TO THE LAST WILL AND TESTAMENT OF THE LATE JOHNNY BURKE SR. AS WELL AS GEORGIA WILLS, TRUSTS, AND ESTATES LAW!
EVERYONE CLEARLY SEES, PARADISE GOLD, LLC DOES NOT LEGALLY OWN 686 CEDAR AVENUE, ATLANTA, GEORGIA 30318!