Legal Opinion
Davis v. Auerbach
Court of Appeals of Georgia
Decided January 8, 1949No. 32238PublishedCited by 8 opinions
1Opinion of the CourtParker, J.
“The general rule is that an executor can not bind his testator’s estate by his contracts, except such as are authorized by law or the terms of the will.” Walton v. Reid, 148 Ga. 176 (96 S. E. 214). “As a general rule an executor or administrator has no authority to lease his decedent’s realty, unless authorized to do so by virtue of testamentary or statutory provisions or an order of court.” 33 C. J. S., Executors and Administrators, § 297, p. 1329. A provision in a will authorizing an executor to sell the property of the estate at either public or private sale, without the order of any…
2Cases cited17 opinions
- Dunaway v. WindsorSupreme Court of Georgia · 1944
- Warehouses Inc. v. WetherbeeSupreme Court of Georgia · 1948
- Tune v. BeelandSupreme Court of Georgia · 1908
- Greene v. GoluckeSupreme Court of Georgia · 1947
- Grooms v. GroomsSupreme Court of Georgia · 1914
12 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hollifield v. Monte Vista Biblical Gardens, Inc.Court of Appeals of Georgia · 2001
- Rice v. Lost Mountain Homeowners Assoc.Court of Appeals of Georgia · 2004
- Matter of Concrete Products, Inc.United States Bankruptcy Court, S.D. Georgia · 1996
- Davidson Mineral Properties, Inc. v. BairdSupreme Court of Georgia · 1990
- Virginia Highland Associates v. AllenCourt of Appeals of Georgia · 1985
3 more not listed; retrieve them via the Exa API.