First National Bank & Trust Co. v. Hirschfeld

ON MOTION FOR REHEARING.

Bell, J.

It is insisted in the motion for rehearing that we overlooked the fact that in the case of Anderson v. Foster, 105 Ga. 563 (supra), s. c. 112 Ga. 270 (37 S. E. 426), the money wrongfully paid out by the executor constituted a part of the assets of the estate of the testator at the time of his death and was bequeathed to his children, one of whom was the plaintiff’s intestate, and that we also failed to recognize the rulings made 'in that case to the effect that notwithstanding the money was a part of the assets of the testator, the executor could not be held…