Dobbs v. Noble

1. An executor, who by will is given authority to manage and rent a building for the benefit of himself and other legatees, may be held liable as such executor for injuries resulting from a defective condition of the rented premises, under the legal rules which control individuals (Miller v. Smythe, 92 Ga. 154, 18 S. E. 46; Evans v. Dickey, 50 Ga. App. 127, 177 S. E. 87); but unless some duty or right of control over the property is , vested in him beyond his mere representative power, he is not personally liable. The instant petition was subject to the general demurrer by the defendant as an…