94 Ga. 665 | Ga. | 1894
The suit was upon the bond of J. King as administrator de bonis non of Joseph Weber, for the use of Weber’s widow and minor children. Defendants’ pleas were stricken on motion, and they excepted. The petition alleged, in brief, that King qualified and took possession of the property of the estate, amounting to $6,584; that Mrs. Weber for herself and children applied for year’s support, which ($1,050 in money) was duly set apart, and the return of the appraisers admitted to record; that the administrator was duly served with this proceeding and did not defend the same, but refused to pay the sum so set apart, and paid out the proceeds of the estate to pretended claims of junior rank to the claim for year’s support; that execution issued against him for the amount so set apart, upon which there was a return of nulla bona, etc. The pleas set up, in brief, the following: Joseph Weber died on September 4, 1890, leaving a valuable and solvent estate. His widow became his administratrix, took possession of the property (appraised at $8,287.10)^ took dower out of the same, took charge of his business with a large stock of goods, and without authority she employed hands, incurred debts, paid out money received from sales of goods, and conducted the