Spence v. Dasher
Supreme Court of Georgia
Administrators and executors. Practice in the Superior Court. Presumptions. Before Judge Wright. Mitchell Superior Court. November Adjourned Term, 1878. Dasher, ordinary, for the use of certain children of Mary E. Walker, deceased, brought suit on the bond of the administrator, alleging mismanagement of the estate, etc. On the trial the main issue was as to certain land which the administrator had sold.
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Administrators and executors. Practice in the Superior Court. Presumptions. Before Judge Wright. Mitchell Superior Court. November Adjourned Term, 1878. Dasher, ordinary, for the use of certain children of Mary E. Walker, deceased, brought suit on the bond of the administrator, alleging mismanagement of the estate, etc. On the trial the main issue was as to certain land which the administrator had sold. It appears that he sold it for one-fourth cash, balance due in installments payable in one, two, and three years, for which lie took notes. This, plaintiff contended, was an abuse of…
1Opinion of the Court
Jackson, Justice.
1. This suit was on the administrator’s bond against him and his sureties, the jury found for the plaintiff and the judge below sustained the finding and refused a new trial, a small fraction of the amount of' the verdict having been written off by his order. We think that a new trial should have been granted on the ground that the court erred in ruling to- the effect that the presumption of law is that it is to the best interest of an estate, though consisting in part of land, that everything should be sold and the administration completed within twelve months. We are not…
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