Legal Opinion
O'Kelly v. McGinnis
Supreme Court of Georgia
Decided February 21, 1914PublishedCited by 8 opinions
Complaint. Before Judge Meadow. Madison superior court. September 3, 1912.
1Opinion of the CourtEish, C. J.
1. In the absence of any authority conferred by the will, an executor has no power, by virtue of his appointment as such, to borrow money and bind the estate by a note given therefor. 8 Cyc. 25Í, 252.
2. This is true although the money be borrowed for the benefit of the estate. Thompson v. Mann, 65 W. Va. 648 (64 S. E. 920, 22 L. R. A. (N. S.) 1094, 131 Am. St. R. 987).
3. If legatees of an estate agreed that the executors might renew or pay a certain note of the testator, which had become barred in his lifetime, and the executors gave to sueh creditor a note in renewal (assuming it to have…
2Cases cited2 opinions
- Thompson v. MannWest Virginia Supreme Court · 1909
- Merchants' National Bank v. WeeksSupreme Court of Vermont · 1880
3Cited by8 opinions
- Field v. ManlySupreme Court of Georgia · 1938
- Bickerstaff v. EllisSupreme Court of Georgia · 1949
- Carter v. DavisSupreme Court of Georgia · 1932
- Graves v. CarterSupreme Court of Georgia · 1951
- Putney v. BryanSupreme Court of Georgia · 1914
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