Wicker v. Howard
Supreme Court of Georgia
Equitable petition. Before Judge Hammond. Richmond superior court. September 30, 1905. The facts alleged- in the petition (which was dismissed on demurrer) made the following case: Among the property of the estate of George J. Howard, deceased, were 280 shares of the capital stock of the Howard & Willet Drug Company, of the appraised value of $18,200, which were regularly offered at public sale by the administrator, Turner G. Howard, and were bid off by Charles,. H. Howard…
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Equitable petition. Before Judge Hammond. Richmond superior court. September 30, 1905. The facts alleged- in the petition (which was dismissed on demurrer) made the following case: Among the property of the estate of George J. Howard, deceased, were 280 shares of the capital stock of the Howard & Willet Drug Company, of the appraised value of $18,200, which were regularly offered at public sale by the administrator, Turner G. Howard, and were bid off by Charles,. H. Howard as agent, for $7,000, who sold them, about forty days-thereafter, to N. L. Willet for $17,500. • The actual value of -the…
1Opinion of the CourtEvans, J.
The facts of this ease bring it squarely within the ruling announced in Summerlin v. Floyd, 124 Ga. 980, wherein this court held that although an administrator who had misappropriated assets coming into his hands may have obtained his discharge by means of fraud practiced upon the ordinary and the heirs at law, “yet the judgment discharging him can not be set aside at the instance of adult heirs, unless they attack it by a proceeding commenced within three years from the date of its rendition.” His discharge, until regularly set aside, will preclude the heirs from calling on him to account…
2Cases cited4 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- Amy v. WatertownSupreme Court of the United States · 1889
- Summerlin v. FloydSupreme Court of Georgia · 1906
- State v. FurlongMississippi Supreme Court · 1883
3Cited by6 opinions
- White v. RoperSupreme Court of Georgia · 1932
- Wessel-Duval & Co. v. RamseySupreme Court of Georgia · 1930
- First National Bank & Trust Co. v. HirschfeldSupreme Court of Georgia · 1934
- Clair v. BurkeCourt of Appeals of Georgia · 1940
- Crow v. MartinCourt of Appeals of Georgia · 1941
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