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Butler v. Floyd, administratrix

Supreme Court of Georgia1937-05-18No. No. 11795
184 Ga. 447

Summary

Holding. The judgment dismissing the equitable petition was affirmed. The dismissal was proper both because the plaintiff had an adequate legal remedy through the administrator's bond rather than needing the extraordinary remedy of injunction, and because the claim for a judgment against the estate was premature under the statutory twelve-month limitation on debt suits against administrators.

A person claiming rights to a life insurance policy sought equitable relief against an estate's administratrix, requesting both an injunction against asset distribution and a monetary judgment for the policy amount. The administratrix had posted a bond as required by law, and the plaintiff had not alleged facts showing the bond was inadequate or that the plaintiff lacked protection. The court found that equitable intervention into estate administration is warranted only when facts clearly demonstrate a genuine risk of loss or harm to the claimant's interests, which was not established here.

The petition presented two independent problems. First, the request for an injunction represented an extraordinary remedy inappropriate where the plaintiff had adequate protection through the administrator's statutory bond and could pursue a standard lawsuit. Second, the claim for a judgment against the estate was premature because it was filed fewer than five months after the decedent's death, while state law generally bars suits to recover debts from an estate within twelve months of the administrator's qualification.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • When equity will intervene in estate administration proceedings
  • Whether an administrator's bond provides adequate legal remedy, precluding equitable relief
  • Whether the twelve-month statute of limitations on debt suits applies to equitable claims against an estate

Procedural posture

The administratrix of an estate moved to dismiss via general demurrer an equitable petition filed by an assignee of a life insurance policy, and the lower court granted the dismissal on the ground that the plaintiff possessed an adequate remedy at law.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Jenkins, Justice.

1. “Equity will not interfere with the regular administration of estates . . upon application of any person interested in the estate [except] where there is danger of loss or other injury to his interests.” Code, § 37-403. “To authorize such interference the facts must very clearly show there is a good reason for so doing.” Moody v. Ellerbie, 36 Ga. 666; Mayo v. Keaton, 54 Ga. 496; Powell v. Quinn, 49 Ga. 523; Jones v. Parker, 60 Ga. 500 (3), 504; Thompson v. Orser, 105 Ga. 482 (30 S. E. 626); McArthur v. Jordan, 139 Ga. 304, 307 (77 S. E. 150); Morrison v. McFarland, 147 Ga. 465 (3, 4) (94 S. E. 569); Smith v. Garrison, 155 Ga. 260 (116 S. E. 599).

2. Where bond has ■ been given by an administrator in the usual course of administration proceedings, as required by statute (Code, § 113-1217), the ordinary remedy of a creditor of the estate, after failure, by the administrator to pay the obligation in -due course, and after compliance by the creditor with preliminary statutory procedure, is a suit upon the bond. Code, §§ 113-1219, 113-1220, 113-1505, 113-1507, 113-2101, 113-2104. Such a suit against the administrator and the securities on the bond usually affording an adequate remedy at law, it is generally unnecessary to resort to equity for the collection or protection of the claim. See Sapp v. Williamson, 128 Ga. 743, 752 (58 S. E. 447).

3. The statute precluding suits against administrators to recover on debts due by decedents-until the expiration of twelve months from the-qualification of such representatives (Code, § 113-1526), unless this provision is expressly or impliedly waived by the representative (Hill v. Julian, 119 Ga. 607, 46 S. E. 834; Emmett v. Dekle, 132 Ga. 593 (2), 64 S. E. 682; Morrison v. Hilburn, 126 Ga. 114 (3), 54 S. E. 938; Baker v. Shephard, 30 Ga. 706 (2); Almond v. Mobley, 40 Ga. App. 305 (4), 149 S. E. 293; Leath v. Hardman, 43 Ga. App. 270, 158 S. E. 453), has no application to a suit for injunction; but it does apply to a suit to recover on -a! debt -against an administrator in his representative capacity, and to establish and fasten such liability against the estate. Lester v. Stephens, 113 Ga. 494 (4), 500 (39 S. E. 109); Pickron v. Pickron, 147 Ga. 657, 661 (3) (95 S. E. 238).

4. The instant equitable petition, by one claiming as assignee under an ■ oral Assignment by the decedent of -a life-insurance policy, against the administratrix of an estate in her representative capacity, sought both an injunction against any disposal or distribution of the assets of the estate by the administratrix, and a judgment for $290, the amount of the policy, against the defendant in her representative capacity. While the petition alleged that the defendant was “an irresponsible person, without property,” there was no averment to show that the plaintiff was not fully protected by a bond filed in usual course by the administratrix, as required by law. The petition showed on its face that it was filed less than five months after the death of the decedent. The court dismissed it upon general demurrer, for the reason assigned that “the plaintiff has an adequate remedy at law.” In so far as the petition sought, the extraordinary remedy of injunction, the dismissal for the reason stated was proper. In so far as it sought a judgment against the estate, the petition being premature, its dismissal for this additional reason was proper.

No. 11795.

May 18, 1937.

Judgment affirmed.

All the Justices eo7ieur.

concurrence opinion

Russell, Chief Justice,

concurs in the judgment of affirmance, on the ground that it plainly appeals that the petition is prematureand for that reason was properly dismissed, without considering at this time whether the petition was subject to dismissal on the additional ground that the plaintiff had an adequate -remedy at law. Emanuel Kronstadt and B. H. Levy, for plaintiff.

Luther H. Zeigler, for defendant.