Tippin v. Perry
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Lewis. Morgan superior court. September 17, 1903. Perry as administrator of the estate of Alliston brought, in the court of ordinary of Morgan county, against Tippin as administrator upon the estate of Zaehry, a citation for an accounting and settlement by Zachry’s estate with Alliston’s estate, upon which Zaehry had been administrator, it being alleged that Zaehry had died without being discharged from such administration, having…
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Exceptions to auditor’s report. Before Judge Lewis. Morgan superior court. September 17, 1903. Perry as administrator of the estate of Alliston brought, in the court of ordinary of Morgan county, against Tippin as administrator upon the estate of Zaehry, a citation for an accounting and settlement by Zachry’s estate with Alliston’s estate, upon which Zaehry had been administrator, it being alleged that Zaehry had died without being discharged from such administration, having in his hands property and money belonging to Alliston’s estate. There was a judgment in the court of ordinary against…
1Opinion of the CourtFish, P. J.
( After stating the facts.) 1. The first exception of law was, that the auditor erred in charging compound interest against the estate of Zachry, “because there is nothing in the evidence showing that Zachry . . applied the proceeds of the estate to his own use, or conducted himself fraudulently in the management of the fund, or withheld it purposely or negligently from the legatees.” This exception was properly overruled. The Civil Code, §3498, provides: “The interest to be charged against trustees shall be at the rate of seven per cent, per annum, without compounding, for six years from the…
2Cases cited6 opinions
- Mohr-Weil Lumber Co. v. RussellSupreme Court of Georgia · 1900
- Littleton v. Patton & Co.Supreme Court of Georgia · 1900
- Russell v. Mohr-Weil Lumber Co.Supreme Court of Georgia · 1902
- Fall v. SimmonsSupreme Court of Georgia · 1849
- Fleetwood v. BibbSupreme Court of Georgia · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Grant v. HartSupreme Court of Georgia · 1944
- Griffin v. CollinsSupreme Court of Georgia · 1906
- Eatonton Oil & Auto Co. v. Greene CountyCourt of Appeals of Georgia · 1936
- Gantz v. StateCourt of Appeals of Georgia · 1916
- Perkins v. CastleberrySupreme Court of Georgia · 1905
2 more not listed; retrieve them via the Exa API.