Allen v. Hardee
Supreme Court of Georgia
Caveat to Application for Letters of Dismission, on the Appeal, in Chatham Superior Court. Tried before Judge Fleming, at May Term, 1859. The ground of this caveat was, that Allen, the administrator, by his treatment of the fund, had made himself liable for interest upon the proceeds of sales within the year next after his appointment, and had not accounted for such interest.
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Caveat to Application for Letters of Dismission, on the Appeal, in Chatham Superior Court. Tried before Judge Fleming, at May Term, 1859. The ground of this caveat was, that Allen, the administrator, by his treatment of the fund, had made himself liable for interest upon the proceeds of sales within the year next after his appointment, and had not accounted for such interest. The sole question was, whether he had or not made himself liable for interest within the year, and the sole evidence on the point was that of Allen himself, who was introduced by the caveators. His testimony was as…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
Our statute prescribing the order in which different classes of the debts of a deceased person shall be paid, and allowing creditors twelve months within which to give notice of their claims, leaves the administrator no safety but in holding all the assets until the expiration of that twelve months. Now, as the law itself puts him under the necessity to hold the funds for his own protection, it will not charge him with interest during that time. Within the year next after his appointment, he is therefore under no obligation to make interest. It…
2Cited by1 opinion
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