Bickerstaff v. Ellis

Candler, Justice.

(After stating the foregoing facts.) The controlling question in this case is whether or not the plaintiff’s petition shows a right in her to have a judgment against the defendant for the balance due on a loan claimed to have been made by her to a former representative of the estate. Unless it does, it will be unnecessary to decide any other question raised by the demurrers. It has long since become a well-established rule in this State that an executor'can not borrow money for any purpose and bind the estate he represents to repay it unless there is authority in the will for…