Foster v. Wood
Foster v. Wood
Opinion of the Court
This was a suit by the ordinary of Baker county against the principal and the surety on a temporary administrator’s bond, to recover for a minor $150 alleged to have been set apart as a year’s support and derived from a policy of benefit insurance on the life of the deceased father of the minor. The action was maintained under the act approved August 20, 1918 (Ga. L. 1918, p. 198 et seq.). The condition of the bond sued on (a copy of which was attached to the petition) was: “Now if the above Alex Foster shall carefully collect and preserve from waste or loss all the goods and chattels and effects of the said Owen Perry, deceased, and shall make, or cause to be made, a true and perfect inventory of all such estate, and, the same being so
The first of the stated grounds of demurrer is without merit, since the act of 1918 purports to repeal all inconsistent provisions of law. The remaining grounds of demurrer were good, and the failure of the court to sustain them rendered nugatory all further action taken in the case. No decision is made upon the question whether a suit other than upon the bond could have been maintained against the temporary administrator if the petition had shown a certificate from the ordinary that no legally qualified guardian had been appointed for the minor, and that the estate of the minor, from all sources, did not exceed the sum of $500.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.