King v. Newton
Supreme Court of Georgia
Administrator. Returns. Confederate money. Before Judge Harvey. Floyd Superior Court. January Adjourned Term, 1872. J. J. Newton et al., the heirs-at-law of William Newton, deceased, on June 9th, 1871, cited Alfred J. King, the administrator upon the estate of said deceased, to appear before the Ordinary of Floyd county for a final settlement. The Ordinary rendered a judgment in favor of the administrator. The plaintiffs carried the case by appeal to the Superior Court.
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Administrator. Returns. Confederate money. Before Judge Harvey. Floyd Superior Court. January Adjourned Term, 1872. J. J. Newton et al., the heirs-at-law of William Newton, deceased, on June 9th, 1871, cited Alfred J. King, the administrator upon the estate of said deceased, to appear before the Ordinary of Floyd county for a final settlement. The Ordinary rendered a judgment in favor of the administrator. The plaintiffs carried the case by appeal to the Superior Court. Upon the trial in this last tribunal, the plaintiffs introduced a return of defendant, made on May 28th, 1867, and recorded…
1Opinion of the Court
Trifpe, Judge.
From the evidence, the administrator must have taken out let*116ters of administration in 1860, or 1861. No return was made until May 28th, 1867. This return showed, by the entry made by the administrator himself,. a “balance on hand due estate, $509 77.” The vouchers show that amount must have been “on hand” as early as December, 1862. After proceedings were commenced against the administrator in 1871, to-wit: in July of that year, the administrator made another return reciting that the former return, by mistake, omitted to state that said balance was received by him in Confederate…
2Cited by2 opinions
- Dubberly v. VarnedoeCourt of Appeals of Georgia · 1918
- Ellis v. McWilliamsCourt of Appeals of Georgia · 1943