Legal Opinion

Clark v. Tennessee Chemical Co.

Supreme Court of Georgia

Decided October 9, 1928No. 6644PublishedCited by 7 opinions

1Opinion of the CourtHines, J.

1. An executor may exercise his discretion in continuing the business of his testator until the expiration of the current year. Civil Code (1910), § 4012. The term, “current year,” as used in this section, refers to the calendar year, and not to an arbitrary business year fixed by local custom or otherwise. King v. Johnson, 96 Ga. 497 (23 S. E. 500).

2. Where authority to carry on the business of the testator is plainly conferred upon the executor by the will, he may lawfully exercise the power so conferred; and the estate will be liable for debts incurred by him in good faith in conducting…

2Cases cited8 opinions

  1. Barclay v. KimseySupreme Court of Georgia · 1884
  2. Brown v. AndersonSupreme Court of Georgia · 1853
  3. Morris v. Murphey & Co.Supreme Court of Georgia · 1895
  4. Brannon v. Ober & Sons Co.Supreme Court of Georgia · 1898
  5. Gatewood v. City BankSupreme Court of Georgia · 1873

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Sebree v. RosenSupreme Court of Missouri · 1961
  2. Higginbotham v. AdamsSupreme Court of Georgia · 1941
  3. Nail v. NailSupreme Court of Georgia · 1956
  4. Adams v. HigginbothamSupreme Court of Georgia · 1942
  5. Hicks v. WadsworthCourt of Appeals of Georgia · 1938

2 more not listed; retrieve them via the Exa API.

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