106 Ga. 168 | Ga. | 1898
The law as to the right, generally, of an executor or administrator to bind by contract the estate he repre.sents is clearly laid down in the cases of McFarlin v. Stinson, 56 Ga. 396, and Lynch v. Kirby, 65 Ga. 279, relied upon by counsel for .plaintiff in error. It is his duty, generally, to wind up the estate .within a certain time, to pay creditors and make distribution to the heirs at law. It -is therefore held generally that he has no power to bind the estate by contract. Where, however, -there is a will, it becomes the law to the personal representative, whether he be executor or administrator de bonis ■non cum testamento annexo. The testator, if he so_ chooses, can - change the law as to his own estate and give his representative power to continue his business, to make contracts, and to bind .the estate. In the present case his will confers, upon the executors named, powers greater than those given by the general law.
It provides and directs that they shall keep together, during the life or widowhood of his wife, all of his property except such .as the}'' may deem it to the interest of the estate to sell, directs that the wife and children shall be maintained and supported ■•and the children educated out of the estate so long as the same is kept together, and authorizes the executors to purchase any ■property it may be deemed important for the estate to own. It seems that the testator was a farmer and supported himself and family by means of farming operations. He therefore, to support and maintain his wife and children, deemed it best to ■ change' the general law as to the distribution of his estate . amongst his heirs, and directed that it should be kept together .and his wife and children supported from the proceeds, authorizing his executor’s to purchase such property as it was important that the estate should own. This he certainly had a ■.right to do, and in pursuance of this power the administrator '
Judgment affirmed'.