85 Ga. 323 | Ga. | 1890
George M. Gordon died March 31st, 1878, leaving a widow, Elizabeth W., and a daughter, Maud, by a former marriage, and a son, George M., by his last marriage. His widow was appointed guardian of the two children. Subsequently Catherine Kidwell was appointed guardian of Maud: and with her Elizabeth W. made a settlement and was discharged. In November, 1879, Elizabeth W. intermarried with Abram Chance, and in November, 1886, he died. At the time Chance married Mrs. Gordon he had two children, Ina V. and Henry Thomas; and by his last marriage he had three children. Mrs. Chance was appointed administratrix of his estate. She filed her petition to the superior court, alleging that Chance, upon their marriage, took possession and control of all the property owned by her at the time of the marriage, and all the property held by her as guardian of George M. Gordon, and managed it as her agent until his death; that he never accounted for the income or use of the same; that his liability consisted of specific items set forth in the account attached as an exhibit, arising from the interest, income and rental of the land and the use thereof, and the use of the horses, mules, wagons, etc. Some of the items of the account had run for more than six years; others for a less period. The present action was brought against the children Chance had at the time of his marriage with her, and against her three children born after her marriage with Chance. She prayed for the appointment of an auditor to investigate and report as to all matters of account; for a final accounting with her individually and as guardian and administratrix, and with the defendants as heirs-at-law; and for a decree that she, as administratinx, pay herself what was due her as an individual and as guardian, out of this estate. She prayed also for final distribution of the estate, and
“ Upon the hearing each party shall be permitted to introduce such new and additional evidence as the law permits upon a rehearing, the opinion of the court being, and he so directs, that when a new hearing before the auditor takes place, upon proof of the occupancy of the property by Chance and ownership by the plaintiff, Elizabeth W. Chance, now Iiammond, she has made out a prima facie case which would entitle her to recover in the absence of proof to the contrary, and the burden is removed from her to the defendants, who are required to sustain their plea that the legitimate disbursements absorbed the income arising from the. property.”
Exceptions pendente lite were filed by the defendants to this ruling and to the ruling confirming the report as to George M. Gordon, which will be seen by reference to the official report. The auditor reheard the case, and following the instructions given by the court, reported that the estate was indebted to the petitioner for the sum of $2,142.42, with interest from November 9th, 1886. Exceptions were filed to the latter report also, by the defendants, and upon the hearing thereof by the court without a jury, the court sustained the report, with the exception of the amount found due by the estate, which amount was reduced to the sum of $1,840.92; and a general decree was entered up in the case. The defendants moved for a new trial, on the
Judgment affirmed, loith direction,