Reports of Cases Decided in the Court of Appeals of the State of Georgia Volume 23

Reports of Cases Decided in the Court of Appeals of the State of Georgia Volume 23

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt: ...the said guardian has offered to secure said loan by executing a real-estate mortgage, your said petitioner does not believe this is a proper investment for trust funds." The petition was amended as follows: "That said Mrs. Lilla Mae Means used her ward's money in paying the purchase-price of certain lands, the title to which she took in her own name, andinot in the name of her said ward, and that said Lilla Mae Means appropriated to her own use the funds of her said ward." To this petition the defendant demurred, on the following grounds: "Because said petition does not allege any misconduct of respondent as guardian in the discharge' of her duties, nor set forth any other reason which in law entitles petitioner to be relieved as surety on respondent's bond as guardian." "Because it is not alleged that respondent has mismanaged or wasted the estate of her said ward, nor is it alleged that respondent is not amply solvent, nor is it alleged that the estate of said ward is in jeopardy or at all liable to be wasted, depreciated, or diminished by any act or conduct on the part of respondent." While the case was pending in the superior court on appeal, the presiding judge overruled the demurrer to the petition. The answer of the defendant contained the following: "Respondent admits that she has personally borrowed the funds of the estate of her said ward and ha secured the payment of said loan by executing to herself as guardian a promissory note secured by a mortgage on real estate situated in said county, of market value sufficient to amply secure said loan, and she says that under all the circumstances said investment is safe and to the best interest of her said ward....
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Product details

  • Paperback | 400 pages
  • 189 x 246 x 21mm | 712g
  • United States
  • English
  • black & white illustrations
  • 1236809955
  • 9781236809957