17 S.E.2d 758 | Ga. Ct. App. | 1941
An ordinary has no authority to authorize an administrator to continue the business of the estate beyond the expiration of the current year. It was therefore not error to direct a verdict against one who applied for appointment as administrator de bonis non, whose application was predicated upon the contention that the holder of an indebtedness so illegally sought to be authorized, was a creditor of the estate.
In order for the alleged creditor to be entitled to be appointed administrator or to have some one appointed on his application it was necessary that he establish the fact that he was a creditor. This he failed to do. His alleged claim was a note and a crop mortgage for $125, signed by Mrs. Lanie Long, who we may assume for the sake of argument was at the time the administratrix of the estate, given for the purchase-price of material and supplies bought or to be bought by the administratrix for the purpose of making a crop on the lands of the deceased during the year 1928. Gordon Long died November 17, 1919. Mrs. Long took the oath as administratrix and gave bond as such in December, 1927. On March 14, 1928, Mrs. Long petitioned the ordinary for authority to execute a crop mortgage for the purpose of obtaining provisions and supplies for the making of a crop on the lands of the deceased during the year 1928. Under the ruling in Johnson v. Parnell,
500); Clark v. Tennessee Chemical Co.,
Judgment affirmed. Stephens, P. J., and Sutton, J., concur.