Echols v. Almon
Supreme Court of Georgia
Jurisdiction. Ordinary. Administrators and Executors. Illegality. Equity. Before Honorable Hugh Buchanan, Judge pro Jiao vice. Carroll Superior Court. April Term, 1886. Z. P. Almon, executor of S. B. Echols, deceased, cited the heirs at law of the decedent and distributees of his estate to be present at a settlement of the executor’s accounts at the July term, 1879, of the court of ordinary of Heard county.
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Jurisdiction. Ordinary. Administrators and Executors. Illegality. Equity. Before Honorable Hugh Buchanan, Judge pro Jiao vice. Carroll Superior Court. April Term, 1886. Z. P. Almon, executor of S. B. Echols, deceased, cited the heirs at law of the decedent and distributees of his estate to be present at a settlement of the executor’s accounts at the July term, 1879, of the court of ordinary of Heard county. At the time appointed, the ordinary examined the inventory, sale-bills, annual returns and vouchers, and made a final settlement. Tie determined that the residuary share in the estate of…
1Opinion of the Court
Hall, Justice.
The material question made by this record is, whether, upon a citation by an administrator, calling upon all the distributees to bo present at the settlement of his accounts before the ordinary, that officer has jurisdiction to award a judgment and enforce its collection in favor of the administrator against a distributee, who, upon taking the account, appears to have received from the administrator more than his distributive share was ascertained to be worth. Prior to the code, a court of ordinary had no such jurisdiction over the settlement of intestate estates. By §2598 of…
2Cases cited4 opinions
- Tucker v. HarrisSupreme Court of Georgia · 1853
- Culbreath v. CulbreathSupreme Court of Georgia · 1849
- Wells v. StrangeSupreme Court of Georgia · 1848
- Brantley v. GreerSupreme Court of Georgia · 1883
3Cited by5 opinions
- Ingraham v. ReynoldsSupreme Court of Georgia · 1933
- In Re WoodallCourt of Appeals of Georgia · 1998
- Thompson v. AllenSupreme Court of Georgia · 1925
- Murphy v. HuntCourt of Appeals of Georgia · 1946
- Murphy v. HuntCourt of Appeals of Georgia · 1946