Legal Opinion

Akins v. Hill

Supreme Court of Georgia

Decided November 15, 1849No. 95PublishedCited by 13 opinions

In Equity, in Warren Superior Court. Decision on demurrer, by Judge Sayre, October Term, 1849. William Akins died intestate in 1823, and Joseph D. McFarland and James Bailey were duly appointed administrators upon his estate, who made returns upon the estate, each year, until the year 1831. The returns were not all made on the first Monday in January in each year.

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In Equity, in Warren Superior Court. Decision on demurrer, by Judge Sayre, October Term, 1849. William Akins died intestate in 1823, and Joseph D. McFarland and James Bailey were duly appointed administrators upon his estate, who made returns upon the estate, each year, until the year 1831. The returns were not all made on the first Monday in January in each year. In 1838, there was a return of a sum of money, collected by suit.in 1835, and of its payment to the' heirs of William Akins. In the return made in 1830, the administrators charged commissions on the whole estate received and paid…

1Opinion of the Court

By the Court. —

Nisbet, J.

delivering the opinion.

The bill in this case sets forth the right of the complainants as distributees; the appointment of Joseph D. McFarland and James Baily, administrators upon the estate of their ancestor; that they took possession of the estate, returned an inventory, made returns *576of their actings and doings, charged and credited themselves with full commissions, and that all the debts are paid; that said administrators have both departed this life, and that the defendants are their representatives, one as administrator duly appointed, and the other as executor in…

2Cases cited2 opinions

  1. Prevost v. GratzSupreme Court of the United States · 1821
  2. Sherwood v. SuttonU.S. Circuit Court for the District of New Hampshire · 1828

3Cited by13 opinions

  1. Gibson v. HerriottSupreme Court of Arkansas · 1891
  2. Thornton v. JacksonSupreme Court of Georgia · 1907
  3. Camp Manufacturing Co. v. GreenSupreme Court of Virginia · 1921
  4. Reynolds v. DorseySupreme Court of Georgia · 1939
  5. Bass v. Mayor of MilledgevilleSupreme Court of Georgia · 1934

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