Lester v. Toole
Court of Appeals of Georgia
Appeal; from Burke superior court—Judge Henry C. Hammond. October 3, 1916. Mrs. M. E. Lester died intestate in the early part of 1914. Her entire estate consisted of a tract of land in Burke county, Georgia.
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Appeal; from Burke superior court—Judge Henry C. Hammond. October 3, 1916. Mrs. M. E. Lester died intestate in the early part of 1914. Her entire estate consisted of a tract of land in Burke county, Georgia. S. H. Lester was appointed administrator of the estate, and, as such, collected and held "rents of the estate for the years 1914 and 1915. In the latter year he obtained an order from the ordinary authorizing him to sell the lands of the estate for the purpose of paying the debts and making legal distribution among the heirs. The lands were accordingly sold. At the May term, 1916, he…
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.) 1-3. The first question presented may be stated as follows: Is the assignment *384of an undivided interest in the realty of an estate by an insolvent debtor heir good against other distributee heirs, the lands having been reduced to money for the payment of the debts of the intestate and for distribution among the heirs? An administrator is required, by section 4002 of the Civil Code (1910), “to place in suit every debt due the estate which he may reasonably expect to recover; and if by his neglect or indulgence the debt is barred' by the lapse of time, or is…
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