Laramore v. McKinzie
Supreme Court of Georgia
Administrators and executors. Bankrupt. Arbitrament and award. Judgment. Presumptions. Before D. H. Pope, Esq., Judge])ro hao vice. Lee Superior Court. November Term, 1877. The question made in this case arose upon an affidavit of illegality to, and a bill filed to enjoin an execution in favor of McKinzie, guardian, against Laramore, executor. On demurrer the court dismissed both the illegality and the bill. To this, Laramore, executor, excepted.
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Administrators and executors. Bankrupt. Arbitrament and award. Judgment. Presumptions. Before D. H. Pope, Esq., Judge])ro hao vice. Lee Superior Court. November Term, 1877. The question made in this case arose upon an affidavit of illegality to, and a bill filed to enjoin an execution in favor of McKinzie, guardian, against Laramore, executor. On demurrer the court dismissed both the illegality and the bill. To this, Laramore, executor, excepted. The issues of law made and decided, sufficiently appear from the head-notes and the opinion.
1Opinion of the Court
Bleckley, Judge.
1. An executor is a trustee for creditors. If, by maladministration, he renders himself personally liable to them, the debt he incurs is fiduciary,' and is unaffected by a discharge granted to him in bankruptcy. Rev. Stat. U. S., §5117, p. 993.
2. In this case, there was an award against the executor, finding him chargeable with such a debt. He excepted to the award, and while the exceptions were pending in court, he was adjudicated a bankrupt. After the adjudication, and before the proceedings in bankruptcy terminated, lie withdrew the exceptions, and suffered the award to be…
2Cases cited1 opinion
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