Ex Parte Coleman
Ex Parte Coleman
Opinion of the Court
The opinion of the Court was delivered by
*421 Appellant’s testatrix died in August, 1908, leaving a large estate, especially in farm lands, which were situated in three or four different counties. The executors continued the farming operations during the years 1909, 1910 and 1911, just as testatrix had in her lifetime.
They advanced money of the estate to a negro tenant, named E. Littlejohn, and took his note therefor, which has not been paid. This note was properly charged to them.
The exception assigning error in not correcting the amount found to be due on the note of R. V. Gist, which was charged to the executors, appears to have been abandoned, as it was not argued. At any rate, there is nothing in the record to support it.
Judgment affirmed.
Reference
- Full Case Name
- Ex Parte Coleman Et Al. in Re Estate of Rice, Deceased
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Executors and Administrators. • Commissions. Accounting. Ciioses in Action. Appeal and Error. 1. Executors are not entitled to commissions on moneys paid out and received in operating farms on lands belonging to testatrix, after the current year in which she died, through agents employed by them, and paid out of the funds of the estate. 2. The legal title to choses in action acquired by executors is in them, and an assignment to them is unnecessary when they are held personally liable to the estate for funds due thereon. 3. Executors are chargeable with funds of their estate advanced to a tenant upon the lands of the estate, and not repaid. 4. Exceptions not argued will be deemed abandoned.