156 Ga. 768 | Ga. | 1923
1. The claims of plaintiffs in error are not, as contended, charges on the estate of James H. Lowery because the money borrowed was expended or used for the preservation of the estate during the occupancy and use of the property by Margaret J. and James K. Lowery. The money expended by the creditors, the plaintiffs in error, was not an advancement to the estate, but was, at most, a loan to Margaret J. and James K. Lowery.
2. The judgment of the court was not erroneous. Whether, under the will, Margaret J. and James K. Lowery took an absolute fee-simple title, or a defeasible fee, or a life-estate only, the estate of the testator, James II. Lowery, was not chargeable with the debts contracted by Margaret J. and James Ji. Lowery, payment of which was demanded of the administrator of James H. Lowery.
Judgment affirmed.