Gouldsmith v. Coleman
Supreme Court of Georgia
Administrators and executors. Year’s support. Estoppel. Before Judge McCutchen. Bartow Superior Court. February Term,1876. Mrs. Coleman, according to the evidence for the defendant, a few days after her husband’s death, and before the administration upon his estate, turned over certain articles of household furniture, etc., to Gouldsmith in settlement of an indebtedness due to him by the deceased, created in part for such furniture.
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Administrators and executors. Year’s support. Estoppel. Before Judge McCutchen. Bartow Superior Court. February Term,1876. Mrs. Coleman, according to the evidence for the defendant, a few days after her husband’s death, and before the administration upon his estate, turned over certain articles of household furniture, etc., to Gouldsmith in settlement of an indebtedness due to him by the deceased, created in part for such furniture. She subsequently administered upon the estate of the deceased, and the defendant having failed to return said property ou demand, she instituted an action of…
1Opinion of the Court
Bleckley, Judge.
Though the husband, when sole heir of the wife, may pay her debts and take her estate without administration, (Code, section 1761,) there is no such provision touching the wife. Section 1762 only makes her sole heir in case of his death without lineal descendants. It does not dispense with administration, or vary the general rule laid down in section 2483, that personalty vests in the administrator. Where there are no debts, the beneficiaries of an estate may distribute it among themselves, with or without administration, and, in equity at least, such conventional distribution…
2Cited by11 opinions
- Shingler v. ShinglerSupreme Court of Georgia · 1937
- Wilkins v. McGeheeSupreme Court of Georgia · 1891
- Wagnon v. PeaseSupreme Court of Georgia · 1898
- Hill v. MaffettCourt of Appeals of Georgia · 1907
- Richards v. EdwardySupreme Court of Georgia · 1912
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