Irvine v. Wiley
Supreme Court of Georgia
Action on bond. Before Judge Mathews. Bibb superior court. June 25, 1918. E. D. Irvine died on November 8,1910, leaving an estate consisting of a “music goods business.”
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Action on bond. Before Judge Mathews. Bibb superior court. June 25, 1918. E. D. Irvine died on November 8,1910, leaving an estate consisting of a “music goods business.” W. S. Irvine (a brother of the deceased) was appointed temporary administrator upon the estate, and signed a bond as principal, with the Title Guaranty and Surety Company of Scranton, Pa., as surety, conditioned to “carefully collect and preserve from waste or loss all goods, chattels, rights, credits, and effects, of the said E. D. Irvine, deceased, . . and the same being so preserved do surrender up such estate and effects…
1Opinion of the CourtHill, J.
1. This was an action at law against a temporary administrator and his security for an alleged breach of his bond.
2. The' ordinary may at any time grant temporary letters of administration upon any unrepresented estate “for the purpose of collecting and taking care of the effects of the deceased, to continue and have effect until permanent letters are granted.” Civil Code, § 3935. The action *868of the ordinary in appointing a temporary administrator is merely clerical. Civil Code, §§ 4805, 4807 (2). Such temporary administrator “may sue for the collection of debts or personal property of the…
2Cases cited2 opinions
- Tuells v. TorrasSupreme Court of Georgia · 1901
- Fidelity & Deposit Co. v. NisbetSupreme Court of Georgia · 1904
3Cited by18 opinions
- Askew v. AmosSupreme Court of Georgia · 1918
- Broderick v. ReidSupreme Court of Georgia · 1927
- Rieves v. SmithSupreme Court of Georgia · 1937
- Collins v. HenrySupreme Court of Georgia · 1923
- Arnold v. FreemanSupreme Court of Georgia · 1935
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