54 Ga. 93 | Ga. | 1875
It was said in Mackie, Beattie & Company vs. Glendenning, 49 Georgia, 367, “it does not appear to be a material question, in view of the statute, who makes the application for the twelve months’ support, so that the representative of the estate had notice of it, if there be one.” It was also further said, “if the defendant made the application, when acting as temporary administrator, he had notice of the application, and he was the only representative the estate had at. that time.” In that case the temporary administrator had made the application, and when sued for a devastavit he set up as a discharge for so much of the assets, the judgment of the ordinary allowing it as a twelve months’ support to the widow and children, and the plea and proof were allowed. It may be said that if the widow received it, (the allowance,) she thereby ratified the proceedings, and was bound by them, but that she was not estopped from making her own application by such action of the administrator, unless she consented to it, or afterwards ratified it, and that an administrator should not be allowed to take any benefit-from any proceeding of that sort, unless the widow was bound by it also. I admit there is some force in this. The representative of the estate ought not to institute action for the widow’s benefit that would bind creditors, and
As Mrs. Forbes desires to prosecute the application, we see no reason from the facts stated, why she should not be allowed to do so, and think the dismissal of it was error.
Judgment reversed.