Irvine v. Irvine
Supreme Court of Georgia
Exception to auditor’s report. Before Judge Mathews. Bibb superior court. June 25, 1915. W. S. Irvine, who had been temporary administrator of the estate of E. D. Irvine, filed a petition in the court of ordinary against Sarah E. Irvine as permanent administratrix of the estate of E. D. Irvine, calling upon her for an accounting and settlement of certain claims asserted against the estate by the petitioner.
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Exception to auditor’s report. Before Judge Mathews. Bibb superior court. June 25, 1915. W. S. Irvine, who had been temporary administrator of the estate of E. D. Irvine, filed a petition in the court of ordinary against Sarah E. Irvine as permanent administratrix of the estate of E. D. Irvine, calling upon her for an accounting and settlement of certain claims asserted against the estate by the petitioner. It was alleged, in the petition as amended, that during the period intervening between November 5, 1910, and June 3, 1911, the petitioner, acting as temporary administrator of the estate,…
1Opinion of the CourtAtkinson, J.
The sole question for decision is whether during the twelve months next ensuing after the appointment and qualification of the administratrix she was exempt from suit for an accounting and settlement of claims of the character set out in the petition. The claims were for money alleged to have been expended by the temporary administrator from his private funds, for other money borrowed from a bank in carrying on the business of the intestate, and for compensation for his services as temporary administrator. The effort was to require payment of these demands from the property of the estate. The…
2Cases cited2 opinions
- Fry v. LoftonSupreme Court of Georgia · 1872
- Cunningham v. SchleySupreme Court of Georgia · 1866
3Cited by1 opinion
- Murphy v. HuntCourt of Appeals of Georgia · 1946