Cunningham v. Schley
Supreme Court of Georgia
Petition and Rule Nisi. In Richmond Superior Court, on appeal from the Court of Ordinary. Decision by Judge ¥m. M. Reese. April Term, 1866. George Schley died in February 1866, being at the time testamentary guardian of several of the children of Charles Cunningham, deceased, among them the plaintiff in error ; and leaving the defendants in error executors of his last will and testament.
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Petition and Rule Nisi. In Richmond Superior Court, on appeal from the Court of Ordinary. Decision by Judge ¥m. M. Reese. April Term, 1866. George Schley died in February 1866, being at the time testamentary guardian of several of the children of Charles Cunningham, deceased, among them the plaintiff in error ; and leaving the defendants in error executors of his last will and testament. By a return which he made to the Court of Ordinary in the previous year, he admitted that he had in hand, as guardian for the plaintiff in error, certain cotton, bank stock, a promissory note, and some bonds…
1Opinion of the CourtWalker, J.
After the expiration of one year from the grant of administration, any distributee may cite an administrator to appear before the Ordinary, who is authorized “to settle finally” between the parties. Code, secs. 2556-7; see, also, sees. 1790 to 1792, “final settlement” alone is provided for. By section 2512 the Ordinary may order the distribution of the estate in kind; but we apprehend this could not take place in less than twelve months, for “the administrator shall be allowed twelve months, from the date of his qualification, to ascertain the condition of the estate.” Age. 2193. “No suit to…
2Cited by3 opinions
- Almond v. MobleyCourt of Appeals of Georgia · 1929
- Irvine v. IrvineSupreme Court of Georgia · 1916
- Irvine v. IrvineSupreme Court of Georgia · 1916