Davis v. Bagley
Supreme Court of Georgia
Liability of Administrator. Before Judge Johnson. Chattahoochee Superior Court. September Term, 1869. Barbara Davis, as heir-at-law of Samuel Jones, sued William Bagley, as administrator of said Jones, and his securirities, upon an administrator’s bond made by them on the 10th of June, 1861, averring that, though Bagley had, as administrator, taken possession of said estate, and paid all its debts, he still held $50,000 00, of which she was entitled to one-tenth, and yet…
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Liability of Administrator. Before Judge Johnson. Chattahoochee Superior Court. September Term, 1869. Barbara Davis, as heir-at-law of Samuel Jones, sued William Bagley, as administrator of said Jones, and his securirities, upon an administrator’s bond made by them on the 10th of June, 1861, averring that, though Bagley had, as administrator, taken possession of said estate, and paid all its debts, he still held $50,000 00, of which she was entitled to one-tenth, and yet would not pay her. Bagley pleaded payment, and that the assets in hand were notes given for slaves, and not collectible and…
1Opinion of the CourtMcCay, J.
1. Thé important question in this case is, how far the acquiescence of Mrs. Davis in' the payment of this money to her children, binds her. It is admitted that there was a mistake. Bagley was the administrator of Mrs. Davis’ father, and also of Mrs. Davis’ husband. The share of Mrs. Davis in her father’s estate survived to her. Davis having died befyre he reduced it into possession, it formed no part of his (Davis’) estate. The act of the administrator in paying it over to himself, as administrator of Davis, and then paying it out to Davis’ heirs, was a mistake. Mrs. Davis was entitled to *184all…
2Cited by11 opinions
- Comstock v. HerronCourt of Appeals for the Sixth Circuit · 1893
- Lane v. TarverSupreme Court of Georgia · 1922
- Peabody v. DamonHawaii Supreme Court · 1905
- White v. RoperSupreme Court of Georgia · 1932
- Davis v. Home Insurance Co.Tennessee Supreme Court · 1912
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