Legal Opinion

Moses v. Moses

Supreme Court of Georgia

Decided July 15, 1873PublishedCited by 5 opinions

Administrators and executors. Partnership. Settlement. Returns. Investments. Attorney’s fees. Before Judge Jambs Johnson. Muscogee Superior Court. October Term, 1872. This bill is filed by Moultrie Moses, Montefiore Moses, Flora Moses and her husband Otto L. Moses, Sarah Davega and her husband, Isaac Davega, and Felix T. Moses and Jacob Moses, minors, wbo sue by their next friend, Moultrie Moses, against Isaac I. Moses, executor of Jacob I. Moses, deceased.

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Administrators and executors. Partnership. Settlement. Returns. Investments. Attorney’s fees. Before Judge Jambs Johnson. Muscogee Superior Court. October Term, 1872. This bill is filed by Moultrie Moses, Montefiore Moses, Flora Moses and her husband Otto L. Moses, Sarah Davega and her husband, Isaac Davega, and Felix T. Moses and Jacob Moses, minors, wbo sue by their next friend, Moultrie Moses, against Isaac I. Moses, executor of Jacob I. Moses, deceased. It is charged that Jacob I. Moses died, leaving a large estate of real and personal property, and a will and codicil, by which be…

1Opinion of the Court

McCay, Judge.

1. It is, without question, the law that an executor or administrator should take some notice in his inventory of the interest of the deceased in any partnership of which he was a member. He cannot, it is true, in his inventory ordinarily do more than make an estimate, since the control of the assets, books, etc., is with the survivor. But it is his duty to mention, for the information of all concerned, that there is such an interest and give as definite a statement of its amount and nature as he can. If he fail to do this when he has the information, it is a mark of suspicion,…

2Cited by5 opinions

  1. Kingsbury v. PowersIllinois Supreme Court · 1889
  2. Armstrong v. BoydSupreme Court of Georgia · 1913
  3. Melson v. TravisSupreme Court of Georgia · 1910
  4. Ogden v. Shropshire & AdkinsCourt of Appeals of Texas · 1931
  5. Scott v. SmithIndiana Supreme Court · 1908

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