Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1873, § 2514, former Civil Code 1910, § 3982, former Code 1933, § 113-2204, and former O.C.G.A. § 53-7-167 are included in the annotations for this Code section.

Purpose of section.

- Statute makes it the duty of a representative of a deceased executor to account fully with the administrator de bonis non. Estes v. First Nat'l Bank, 223 Ga. 653, 157 S.E.2d 449 (1967) (decided under former Code 1933, § 113-2204).

Accounting required.

- Since an administrator de bonis non is necessarily a successor to an administrator or executor whose authority has expired by death, removal, or otherwise, this statute gives to the administrator de bonis non the right to an accounting only from executors and administrators who have been removed. Ballard v. Zachry, 54 Ga. App. 101, 187 S.E. 139 (1936) (decided under former Code 1933, § 113-2204).

An executor of a deceased executor's estate, which allegedly possesses assets of the estate of the decedent which were acquired by the deceased executor in the executor's capacity as executor of the decedent's estate, is an officer of the court of ordinary (now probate court) and subject to account to the administrator de bonis non with will annexed of the decedent's estate. Estes v. First Nat'l Bank, 223 Ga. 653, 157 S.E.2d 449 (1967) (decided under former Code 1933, § 113-2204).

Court of ordinary (now probate court) is without jurisdiction to issue a citation upon the application of an administrator de bonis non requiring a former administrator of the estate who had been removed to render an accounting to the applicant; the jurisdiction of the court of ordinary (now probate court) in such cases applied only to the persons who are actually officers of the court at the time and does not apply to removed or discharged officers. Ellis v. McWilliams, 71 Ga. App. 336, 30 S.E.2d 796 (1944) (decided under former Code 1933, § 113-2204).

Impact of death of executor.

- Representative of a deceased coexecutor, who was not the representative of the estate which the deceased coexecutor represented, is not, as to the estate represented by the administrator de bonis non, an officer of the court of ordinary (now probate court). Ballard v. Zachry, 54 Ga. App. 101, 187 S.E. 139 (1936) (decided under former Code 1933, § 113-2204).

Probate of the will worked a revocation of the letters of administration as to assets unadministered. This is equivalent to a removal of the administrator. Hudmon v. Thomasson, 74 Ga. App. 31, 38 S.E.2d 683 (1946) (decided under former Code 1933, § 113-2204).

Administrator de bonis non of an estate is ordinarily the person in whom is vested the right to sue a removed or deceased administrator of such estate for an alleged devastavit. Langford v. Johnson, 46 Ga. App. 444, 167 S.E. 779 (1933) (decided under former Civil Code 1910, § 3982).

When the pleadings showed that the administratrix de bonis non of an estate was also the administrator of the estate of the deceased administrator who was alleged to have committed the devastavit, and when the pleadings showed that the administrator had acted in both capacities since the year 1915, and that up to the filing of the plaintiff heirs' suit in 1930 the administrator made no returns nor brought any action for such alleged devastavit, it was not necessary for the plaintiff in this case to make the specific allegation that the administratrix de bonis non had failed to sue in order to bring suit in plaintiff's own right; and there was no duty resting on the heir to have an administratrix de bonis non appointed who was qualified. Langford v. Johnson, 46 Ga. App. 444, 167 S.E. 779 (1933) (decided under former Civil Code 1910, § 3982).

Cited in Douglas v. Murray, 63 Ga. 369 (1879); Bailey v. McAlpin, 122 Ga. 616, 50 S.E. 388 (1905); Waldrop v. Nolan, 192 Ga. 234, 15 S.E.2d 225 (1941); Harrison v. Holsenbeck, 208 Ga. 410, 67 S.E.2d 311 (1951); Wheeler v. McDonald, 175 Ga. App. 785, 334 S.E.2d 367 (1985).

Am. Jur. 2d.

- 31 Am. Jur. 2d, Executors and Administrators, §§ 874 et seq., 1035.

C.J.S.

- 34 C.J.S., Executors and Administrators, §§ 979, 980.