121 Ga. 471 | Ga. | 1904
W. A. Wood, ordinary, for the use of Mrs. N. E. Brown and her minor children, in his petition against R. E. Brown and the security on his administrator’s bond, alleged: In 1901, A. H. Brown died, leaving the plaintiff’s usees, who were his widow and minor children. R. E. Brown qualified as his administrator, and executed to the ordinary an administrator’s bond with the American Surety Company as security, conditioned for the faithful performance^ of his duties as such administrator. As a breach of the bond, plaintiff alleged that an estate of $1,800 belonging to A. H. Brown went into the hands of the administrator; that on February 23, 1903, after notice to the administrator, a year’s support of $1,400 in money and household furniture was duly assigned to plaintiff's usees, and upon this judgment a fi. fa. issued against the administrator; that the adminis
the burden on him to show its incorrectness. The description of the property embraced in the inventory as an undivided interest in personalty raises no presumption that it was partnership property charged with the payment of partnership debts. Rather the contrary inference should be drawn where the return is made by the -surviving partner. Let it be conceded that the evidence sufficiently showed that the property was partnership property and the partnership was indebted, there was no evidence to indicate .that the partnership debts were sufficiently extensive to absorb all the partnership assets.. The surviving partner has the right to partnership assets to the exclusion of the administrator. And the widow and minor children are only entitled to a year’s support in what remains of the deceased partner’s interest after payment of partnership liabilities. Sellers v. Shore, 89 Ga. 416 ; Ferris v. Van Ingen, 110 Ga. 102. In view of- the testimony that the administrator had estimated that the procéeds of certain timber belonging to the firm would be sufficient to pay partnership debts, and that there was no explanation of the disposition of the property inventoried and appraised at $1,495, and of the
Judgment reversed.