82 Ga. 247 | Ga. | 1888
In a cause in equity touching the estate of Abda Johnson, deceased, being a bill filed by the widow as-executrix to marshal assets, a report was made by a
The first sale made by the receiver produced a sum of which her share was more than sufficient to cancel her debt to the estate. The excess was paid to her, together with some interest thereon, by order of the court. Another sale was made by the receiver on the first Tuesday in March, 1888, the terms being half cash and half on credit till the first of November thereafter, without interest. On March 26th, the widow obtained a rule nisi against the receiver, which, as subsequently amended, required him to show cause why he should not pay over her share of the fund produced by the second sale, together with interest upon her whole allowance out of both sales, from the death of her husband, July 10th, 1881, so long as the whole had been withheld from her, and upon the part still unpaid, to the present time, less the sum which she had already received for interest; the
The decision of the chancellor upon the rule, as to principal, is not complained of, but it is complained that he allowed no interest further back than the time when the widow gave up the dwelling-house, which was in January, 1886, the same month in which the decree was rendered, andffhat from what interest accrued afterwards, he deducted all the interest that had been paid under his previous order, which order had never been vacated or excepted to.
As we understand, this application does not go upon the theory that the receiver was in default in not pay
Judgment affirmed.