Cook v. Rainey
Supreme Court of Georgia
Guardian and ward. Before Judge Bartlett. Houston Superior Court. May Term, 1878. Rainey, as guardian for certain minors, cited Cook, a former guardian, to appear before the ordinary for a settlement. The case was carried by appeal to the superior court.
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Guardian and ward. Before Judge Bartlett. Houston Superior Court. May Term, 1878. Rainey, as guardian for certain minors, cited Cook, a former guardian, to appear before the ordinary for a settlement. The case was carried by appeal to the superior court. The evidence showed that the defendant had accounted for every dollar received by him, and the sole material question made, was whether he was liable for the amount exceeding the income which he had expended, on account of his failure to obtain orders from the ordinary. It was insisted on his part that as his annual returns showed on their…
1Opinion of the Court
Bleckley, Justice.
Prior to the adoption of the Code, the question made in this case was settled by several adjudications. 15 Ga., 451; 20 Ib., 325; 29 Ib., 582. It may have been the purpose of section 1824 of the Code to alter the law, but of this we are not certain, and the better ruling always is to hold the old law as still of force where repeal is doubtful. The language which raises the doubt is as follows: “ But the expenses of maintenance and education must not exceed the annual profits of the estate except by the approval of the ordinary previously granted.” It is certain that no…
2Cases cited1 opinion
- Rolfe v. RolfeSupreme Court of Georgia · 1854
3Cited by5 opinions
- Sturgis v. DavisSupreme Court of Georgia · 1924
- Tucker v. LeaCourt of Appeals of Georgia · 1951
- Williams v. AdamsSupreme Court of Georgia · 1894
- Davis v. SturgisCourt of Appeals of Georgia · 1923
- Banister v. BagleyCourt of Appeals of Georgia · 1937