110 Ga. 456 | Ga. | 1900
George W. Dye died leaving a large estate •consisting of lands, money, promissory notes and other choses in action. By his will Gairdner and Grogan were nominated his executors. They qualified, and Gairdner took charge of the moneys, while Grogan managed the lands of the estate. These lands were rented out for about five years before they were turned over to the life-tenants. The property was devised to certain negroes for their lives and after their deaths to their •children. The probate of the will was caveated. Thirteen suits were filed against the executors. They employed five attorneys to represent them in the litigation. Upon application to the ordinary he allowed $5,000 for the services of each of these attorneys and also $5,000 to each of the executors as extra •compensation. An equitable petition was afterward filed by the life-tenants against the executors and the attorneys, seeking to •compel the executors to pay over to them the income and profits which had arisen after the death of the testator, and seeking also to compel the attorneys to return to the estate a portion of the fees allowed by the ordinary, and to compel the executors to account for the extra compensation allowed them. This suit was settled by the parties at interest, the executors paying the life-tenants a certain amount in full of all their claims. Subsequently to this settlement Gairdner and Grogan both died. Mrs. Gairdner was appointed administratrix upon the estate of her deceased husband, and G. C. Grogan was executor of the will of his father, the other executor of Dye’s estate. Tate was appointed administrator de bonis non cum testamento annexo of the estate of Dye. After his appointment he applied to the ordinary for a citation to Mrs. Gairdner as administratrix, and Grogan as administrator, to appear before the ordinary for the purpose óf settling the estate and accounting and turning over to Tate all assets in their hands belonging to Dye’s estate. It appears that the ordinary of Elbert county was disqualified, and the ordinary of Madison county presided in his stead. On the trial before the latter, he decided that there was nothing due to Tate as administrator from the defendants. Appeal was taken
For these reasons we think there should be a new trial of this case, and we respectfully suggest to the presiding judge that the case could with advantage be submitted to an auditor. Complicated and intricate matters of account are involved, and very few juries could take the case and, in the short time they have to consider such cases, arrive at an accurate and proper -verdict.
Judgment reversed.