Kemp v. Trust Co.
Kemp v. Trust Co.
Opinion of the Court
Suit was brought by J. F. Kemp as administrator of the estate of Y. H. Marechal, deceased, against the Trust Company of Georgia and others, in which the plaintiff alleges that he brings this action under the Code, §§ 37-404, 37-405, for the purpose of marshaling the assets of the estate, and for direction in disbursing them; he alleges in substance that he has partially administered the estate and that he has reduced it to cash, and that there remains, after paying out certain claims, approximately $3,500 for distribution; that there are four or five creditors holding claims against this estate, that he is not certain as to the correctness of some of them; that certain heirs of the estate dispute the correctness of some of these claims; that he seeks the aid of a court of equity in determining whether or not there is anything owing to the estate from certain parties named in the petition as defendants; and that the estate is insolvent, and he asks that a court of equity establish priorities, and direct him as to the distribution of the funds in his hands. To this petition the defendants filed demurrers, the substance of which was that no cause of action was set out, no equity in the bill, and no reason alleged why a court of equity should oust the court of ordinary from administering the estate. The demurrers were sustained, and the plaintiff excepted.
A court of equity will not generally interfere with the court of ordinary in the regular administration of estates; though for sufficient reasons alleged it will take complete control, marshal the assets, and direct the distribution of the estate, and especially so when for any reason complete justice can not be done otherwise.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.