Brannon v. Ober & Sons Co.
Supreme Court of Georgia
•Complaint. Before Judge Littlejohn. Sumter superior court.. February 9, 1898. On January 21,-1896, suit was brought against Brannon, as-administrator of the estate of Brown, upon a promissory note-dated May 7, 1891, and signed by the defendant as such administrator.
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•Complaint. Before Judge Littlejohn. Sumter superior court.. February 9, 1898. On January 21,-1896, suit was brought against Brannon, as-administrator of the estate of Brown, upon a promissory note-dated May 7, 1891, and signed by the defendant as such administrator. By amendment the declaration alleged that, Brown died, leaving a plantation and certain heirs, and a will Which was duly probated (a copy of ivhich is attached to the-declaration). By the terms of the will, the estate was to he kept together until the youngest heir became of age, and cer''fain persons were named as executors, who…
1Opinion of the Court
Simmons, O. J.
The law as to the right, generally, of an executor or administrator to bind by contract the estate he repre.sents is clearly laid down in the cases of McFarlin v. Stinson, 56 Ga. 396, and Lynch v. Kirby, 65 Ga. 279, relied upon by counsel for .plaintiff in error. It is his duty, generally, to wind up the estate .within a certain time, to pay creditors and make distribution to the heirs at law. It -is therefore held generally that he has no power to bind the estate by contract. Where, however, -there is a will, it becomes the law to the personal representative, whether he be…
2Cases cited3 opinions
- McFarlin v. StinsonSupreme Court of Georgia · 1876
- Lynch v. KirbySupreme Court of Georgia · 1880
- Palmer v. MooreSupreme Court of Georgia · 1888
3Cited by7 opinions
- Ferris v. Van Ingen & Co.Supreme Court of Georgia · 1899
- Field v. ManlySupreme Court of Georgia · 1938
- Hughes v. TreadawaySupreme Court of Georgia · 1902
- Clark v. Tennessee Chemical Co.Supreme Court of Georgia · 1928
- Musselwhite v.RicksCourt of Appeals of Georgia · 1936
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