Green v. Allen
Supreme Court of Georgia
Administrators and Executors. Marshaling Assets. Distribution of Estates. Liens. Before Judge Johnson. Talbot Superior Court. September Term, 1871. The bill in this case contained the following averments : Mahone is administrator de bonis non of Thomas Green, deceased, succeeding Marshall, administrator, resigned.
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Administrators and Executors. Marshaling Assets. Distribution of Estates. Liens. Before Judge Johnson. Talbot Superior Court. September Term, 1871. The bill in this case contained the following averments : Mahone is administrator de bonis non of Thomas Green, deceased, succeeding Marshall, administrator, resigned. But for the emancipation of intestate’s slaves, by the late war, the assets of the estate would be ample to pay its debts, but now the assets are wholly inadequate. There are some of the demands in judgment, and others are sued upon and will go to judgment at the next term of said…
1Opinion of the Court
McCay, Judge.
We think this bill not demurrable. It shews, as it seems to us, a strong case of danger to the administrator if he be left to his legal defense by plea alone. Under our statute, debts have their dignity fixed at the death of the intestate. The administrator has no right to pay one creditor of equal dignity to the detriment of another, nor can one creditor, in case of a deficiency of assets, get the preference of another by getting a prior judgment: Code, 2494.
At common law, the administrator might select among creditors of equal degree, and one of them might get a priority over…
2Cited by4 opinions
- Auld v. SchmelzSupreme Court of Georgia · 1946
- Wooten v. HartleySupreme Court of Georgia · 1938
- Auld v. SchmelzSupreme Court of Georgia · 1946
- Turk v. RossSupreme Court of Georgia · 1877