Jeter v. E. Barnard & Co.
Supreme Court of Georgia
Equity. Administrator. Bill for Direction. Before Judge Johnson. Talbot Superior Court. September Term, 1870. The following facts appear by the bill and amendments of Jeter, as administrator of Copeland: In 1860 Copeland died, intestate, leaving a large estate. ■ The widow administered, but her letters abated by her marrying. One Gamble became administrator de bonis non.
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Equity. Administrator. Bill for Direction. Before Judge Johnson. Talbot Superior Court. September Term, 1870. The following facts appear by the bill and amendments of Jeter, as administrator of Copeland: In 1860 Copeland died, intestate, leaving a large estate. ■ The widow administered, but her letters abated by her marrying. One Gamble became administrator de bonis non. The widow’s second husband died, and she married Jeter in 1864. Gamble resigned, and Jeter became administrator, de bonis non, according to law. The estate turned over to him by Gamble was a plantation and slaves, and the…
1Opinion of the CourtMcCay, J.
We do not see why the case made by this bill does not come entirely within the provision of section 3089 of the Revised Code. Here is an insolvent estate. Here are various creditors with conflicting claims, and the true amount due any one of them cannot be conclusively settled without settling, also, the claims of the others. It is replied, that this can be done at law; that the administrator may plead plene administravit, or plene administravit prceter, and, under our law, may plead any fact, and that the jury may give such a verdict as will protect him.
In ordinary cases, this is true. -As…
2Cited by2 opinions
- Hudson v. TateSupreme Court of Georgia · 1939
- Ragan v. SmithSupreme Court of Georgia · 1914