Watson v. Watson

I am of the opinion that the petition set forth a cause of action against the executor and his bondsman. While it is true that as a general rule the estate of a decedent is not liable for tortious acts committed by an administrator or executor in the course of the administration of the estate, the very statement that the principle is true as a general rule implies that there are exceptions. One exception is that the estate is liable if the representative commits a tort in the performance of an act authorized by law, Avhich results in benefit to the estate. Miller v. Smythe, 92 Ga. 154 (18 S.…