Carder v. Arundel Mortgage Co.

Mrs. Margaret Kimbro died leaving a will by which her property was equally divided among her five children. One of the children, Mrs. Carder, was named as executrix. The estate consisted of a described house and lot in Atlanta. The plaintiff in this case held a judgment against one of the heirs and had a garnishment issued and served on the executrix, requiring her to answer the amount due that heir. She answered not indebted, and this anfewer was traversed. By agreement of counsel the issue was submitted to the trial judge sitting without a jury. It was shown that the executrix, under an…