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O.C.G.A. § 13-7-9 — Allowance of setoff of distributive share in estate against judgment against legatee or owner of share | Georgia Code

O.C.G.A. § 13-7-9 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 13 CONTRACTS

Section 7. Setoff and Recoupment, 13-7-1 through 13-7-14.

ARTICLE 2 STATUTE OF FRAUDS

13-7-9. Allowance of setoff of distributive share in estate against judgment against legatee or owner of share.

A legatee or owner of a distributive share in an estate may set off such share against a judgment against him unless special reason exists requiring the collection of the judgment.

(Civil Code 1895, § 3752; Civil Code 1910, § 4346; Code 1933, § 20-1307.)

History of section.

- This Code section is derived from the decision in Dorsey v. Simmons, 49 Ga. 245 (1873).

JUDICIAL DECISIONS

Legatee's right to setoff requires that estate be solvent.

- A legatee cannot, as a matter of right, set off the legatee's distributive share in estate against debt due by the legatee to estate unless it appears that estate is solvent. Adams v. Bishop, 42 Ga. App. 811, 157 S.E. 523 (1931).

Application to contract claim of former administratrix against estate.

- See Shadburn Banking Co. v. Streetman, 180 Ga. 500, 179 S.E. 377 (1935).

Cited in Jarecky v. Arnold, 51 Ga. App. 954, 182 S.E. 66 (1935); National Sur. Corp. v. Algernon Blair, Inc., 114 Ga. App. 30, 150 S.E.2d 256 (1966).

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.