O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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 Code section. - This Code section is derived from the decision in Dorsey v. Simmons, 49 Ga. 245 (1873).
Annotations
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).
Notes of Decisions
Cited in
2
cases, 2014–2014 · leading case:
In re Est. of Knapp, 756 S.E.2d 716 (Ga. Ct. App. 2014).
In re Est. of Knapp, 756 S.E.2d 716 (Ga. Ct. App. 2014).
· cites it 2× “This authority is consistent with OCGA § 13-7-9, which provides that “[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.”
In Re: Est. of George Edward Knapp (Ga. Ct. App. 2014).
· cites it 2× “This authority is consistent with OCGA § 13-7-9, which provides that “[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.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.