Ewing v. Moses
Supreme Court of Georgia
Administrators and executors. Parties. Equity. Before Judge Bartlett. Muscogee Superior Court. May Term, 1873. Raphael J. Moses, Jr., as temporary administrator of George Anderson, filed his bill against Theodore Ewing and his wife, Elizabeth Ewing, as administrator and administratrix of William Matheson, deceased, administrator, de bonis non, of George Smith, deceased, for an account and settlement.
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Administrators and executors. Parties. Equity. Before Judge Bartlett. Muscogee Superior Court. May Term, 1873. Raphael J. Moses, Jr., as temporary administrator of George Anderson, filed his bill against Theodore Ewing and his wife, Elizabeth Ewing, as administrator and administratrix of William Matheson, deceased, administrator, de bonis non, of George Smith, deceased, for an account and settlement. Pending the litigation, Moses was appointed and qualified as administrator, with full letters. He then moved to be made a party complainant in place of said temporary administrator. The…
1Opinion of the Court
McCay, Judge.
1. Under our law a temporary administrator is appointed by the Ordinary, to hold, not simply to the next term of the *265Court, but until permanent letters are granted. He gives bond for the faithful performance of his trust, and may, at the discretion of the Ordinary, even sell personal perishable property: Code of 1873, sections 2487, 2488, 2554. It often happens that the estate remains in his hands for years, and it would be a great evil if it were not his right as well as his duty to bring a suit, if necessary, to collect and take care of the assets. Our present law, providing…
2Cited by26 opinions
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- Mason v. Atlanta Fire Co. Number 1Supreme Court of Georgia · 1883
- Matson v. CroweSupreme Court of Georgia · 1942
- Collins v. HenrySupreme Court of Georgia · 1923
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