Farmers & Merchants Bank v. Willie
Court of Appeals of Georgia
1Opinion of the CourtStephens, J.
1. Since any one of the eoexeeutors of an estate has the right to collect the assets of the estate, it follows that where a certificate of deposit is issued by a bank to coexecutors of an estate for funds belonging to the estate and deposited with the bank by one of the executors, although the bank has knowledge or is chargeable with knowledge of such fiduciary character of the funds, the bank may, in the absence of any protest from the other executor, pay the funds to the executor to whom the certificate of deposit has been delivered, upon its presentation by him and surrender to the bank.…
Also in this document: Concurrence.
2Cases cited3 opinions
- Munnerlyn v. Augusta Savings BankSupreme Court of Georgia · 1891
- Chatham County v. GaudrySupreme Court of Georgia · 1904
- MacKay v. Saint Mary's ChurchSupreme Court of Rhode Island · 1885
3Cited by1 opinion
- Citizens Bank of Forsyth v. MiddlebrooksSupreme Court of Georgia · 1952