Legal Opinion

Lane v. Tarver

Supreme Court of Georgia

Decided June 14, 1922No. 2901PublishedCited by 21 opinions

Equitable petition. Before Judge Worrill. Early superior court. October 11, 1921. C. C. Lane as ordinary of Early county, for the use of Martha J. Hudspeth, Martha E. Crozier, and Julius E. Hudspeth, filed suit in Early superior court, against J. B. Tarver individually and as executor of the estate of J. C. Hudspeth’ and the Hnited States Fidelity and Guaranty Company as surety on his bond as such executor; said suit being for breaches of said bond, and for an equitable…

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Equitable petition. Before Judge Worrill. Early superior court. October 11, 1921. C. C. Lane as ordinary of Early county, for the use of Martha J. Hudspeth, Martha E. Crozier, and Julius E. Hudspeth, filed suit in Early superior court, against J. B. Tarver individually and as executor of the estate of J. C. Hudspeth’ and the Hnited States Fidelity and Guaranty Company as surety on his bond as such executor; said suit being for breaches of said bond, and for an equitable accounting. He alleged: J. C. Hudspeth died intestate on July 29, 1914, leaving as his next of kin and sole heirs at law…

1Opinion of the CourtHines, J.

(After stating the foregoing facts.)

1. The executor qualified on August 3, 1914, and immediately took possession, control, and management of the property of the estate. He did not make returns of his receipts and expenditures on or before the July term, 1915, of the court of ordinary for the interim between his qualification and said term; but applied to the payment of his commissions on such receipts and expenditures the sum of $1111.60 from the funds of the estate. In paragraphs 16, 17, and 18 of the petition the plaintiff alleged the above facts. He further alleged that the executor, by…

2Cases cited19 opinions

  1. Rusk v. HillSupreme Court of Georgia · 1903
  2. Fitzpatrick v. McGregorSupreme Court of Georgia · 1909
  3. Amis v. CameronSupreme Court of Georgia · 1875
  4. Lowe v. ByrdSupreme Court of Georgia · 1918
  5. Milner v. Mutual Benefit Building Ass'nSupreme Court of Georgia · 1898

14 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Holton v. LankfordSupreme Court of Georgia · 1939
  2. Hicks v. Atlanta Trust Co.Supreme Court of Georgia · 1938
  3. Miller v. Harris CountySupreme Court of Georgia · 1938
  4. Clements v. FletcherSupreme Court of Georgia · 1925
  5. Davis v. AuerbachCourt of Appeals of Georgia · 1949

16 more not listed; retrieve them via the Exa API.

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