Doster v. Arnold
Supreme Court of Georgia
Administrators and executors. Commissions. Interest. Before Judge Buchanan. Coweta Superior Court. September Term, 1877. This case arose upon a rule by Arnold against Doster as administrator of Hilton, requiring him to show cause why he should not pay over to movant the moneys in his hands in accordance with a decree rendered on a bill filed by said administrator against the persons interested in the estate of intestate, to marshal the assets.
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Administrators and executors. Commissions. Interest. Before Judge Buchanan. Coweta Superior Court. September Term, 1877. This case arose upon a rule by Arnold against Doster as administrator of Hilton, requiring him to show cause why he should not pay over to movant the moneys in his hands in accordance with a decree rendered on a bill filed by said administrator against the persons interested in the estate of intestate, to marshal the assets. The respondent replied that he had complied with such decree, and had no further funds in hand. Upon the issue thus formed, the evidence presented the…
1Opinion of the Court
Bleckley, Judge.
1. The Code, section 2596, declares that “ administrators and other trustees failing to make annual returns . . . shall forfeit all commissions for transactions during the year within which no return is made, unless the ordinary, upon cause shown, shall, by special order on the minutes, relieve them from this forfeiture.” When the ordinary merely approves and records a final return in which forfeited and non-forfeited commissions are credited together, there is no special order relieving from the forfeiture.
2. It will not do to hold that an administrator is not chargeable with…
2Cases cited3 opinions
- Ragland v. Justices of the Inferior Court ex rel. JonesSupreme Court of Georgia · 1851
- Hansell v. BryanSupreme Court of Georgia · 1855
- J. Mosher & Co. v. Southern Express Co.Supreme Court of Georgia · 1868
3Cited by6 opinions
- Lane v. TarverSupreme Court of Georgia · 1922
- Clements v. FletcherSupreme Court of Georgia · 1925
- In re the Estate of DelaneyNevada Supreme Court · 1918
- McBride v. HunterSupreme Court of Georgia · 1880
- Jones v. NolanSupreme Court of Georgia · 1904
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