107 Ga. 108 | Ga. | 1899
Josey died in October, 1879, leaving some household and kitchen furniture and an interest in a partnership, which interest was worth $1,729.57. Johnson was appointed administrator of his estate. Mrs. Josey applied for a year’s support for herself and minor children, and commissioners were appointed who assigned to her the household and kitchen furniture and $2,000 in money. Their report was approved by the ordinary, and made a judgment of the court of ordinary,-in the year 1884. Johnson died in the year 1893, and Gordon was appointed his administrator. He filed an equitable petition to marshal the assets of Johnson’s estate. During the pendency of the litigation brought on by this petition, Mrs. Josey and some of her children who were of age, and she as next friend of those who were minors, filed an intervention, claiming that Johnson, the administrator of Josey’s estate, had never settled or accounted with them as heirs and distributees of that estate. There was an agreed statement of facts, and the case was submitted to the judge without the intervention of a jury. He decided against the claim of the intervenors. The agreed statement of facts shows that ‘Johnson received in money only about $1,200, and that he had a set-off of a large amount against Mrs. Josey, which included supplies for the family, tuition for the children, etc. It was contended by the administrator of Johnson, that the demand was stale, and, further, that he ought to be allowed to set off the demand against Mrs. Josey and have a judgment against the intervenors for the surplus. In the view we take of the case, it is unnecessary to decide either of these questions. This is especially so as to the latter, for the trial judge did not allow the set-off, and the administrator did not except to that j udgment.
Judgment affirmed.