60 Ga. 661 | Ga. | 1878
This was a citation of the administrator of H. V. Irby, deceased, before the ordinary for settlement, by one of the heirs-at-law of the intestate, and an appeal to the superior court. Upon the trial of the cause on appeal it was submitted to the court without the intervention of a jury, upon the following agreed statement of facts, to-wit: “ That Mrs. Sarah A. Parnell is the daughter of defendant’s intestate, IT. Y. Irby, deceased, and that she is twenty-one years old, that defendant’s said intestate died on the 29th day of January, 1869, leaving a widow and seven minor children under the age of sixteen years, and having hired hands and made all needful preparations for farming during said year on his plantation in Houston county, containing about five hundred acres of arable land; that defendant was appointed temporary administrator of said deceased in February, 1869, and in April, 1869, was duly appointed administrator; that under a proper order from the ordinary' of said county, he carried on the farm on said plantation successfully for said year, supporting the widow and maintaining and educating said seven minors from the proceeds of said farm ;' that at the close of the year 1869, said defendant had on hand of the property of the said estate sufficient means to pay all the indebtedness of his said intestate, and all the expenses of running said farm for said year and that he did pay said indebtedness ; that at the close of said year said defendant, finding that no person could be found to act as guardian for said minors (he and his attorney having made diligent efforts to secure a suitable guardian for them), the widow refusing to take dower in said lands of deceased,
The petition of Needham T. Johnson, administrator of H. Y. Irby, deceased, respectfully showeth that he has carried on the farm on the land of said intestate during the present year with considerable success; that the family of said deceased consists of his widow and seven minor children, under the age of sixteen years, who have no guardian ; that in his opinion it would be to the best interest of the widow and said minor children, as well as to said estate, to continue to carry on said farm and thereby support said family of said deceased with less expense than would otherwise be incurred by the sale and division of the personal property of said deceased. Whereupon your petitioner prays your honor for an order authorizing and empowering him to carry on said farm from year to year until the further order of this court.
H. W. Holtzclaw, petitioner’s attorney.
Upon hearing the above and foregoing petition of Need-ham T. Johnson, administrator of EL. Y. Irby, deceased, for leave to carry on the farm of said deceased, it is ordered that Needham T. Johnson, administrator of H. Y. Irby, deceased, be and is hereby authorized and empowered to carry on the farm on the lands of said deceased from year to year, until the further order of this court.
W. T. Swift, O. H. O.
The court found for the plaintiff $400.00 and costs against the defendant as administrator, etc. Whereupon the defendant excepted, and says the court erred in rendering said judgment.
The question in the caséis, whether it was lawful for the administrator to work the lands of the deceased in the manner set forth in the record for the benefit of the estate ? By the 2505th section of the old Code it is provided, that whenever it is necessary the administrator, under the order of the court,
Let the judgment of the court below be affirmed.