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2018 Georgia Code 53-8-11 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-8-11 Case Law from Google Scholar Amendments to OCGA 53-8-11

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 8. Investments, Sales, and Conveyances, 53-8-1 through 53-8-15.

ARTICLE 2 SALES AND CONVEYANCES

53-8-11. Property that is perishable, liable to deteriorate, or expensive to keep.

Perishable property, property that is liable to deteriorate from keeping, or property that is expensive to keep shall be sold as early as practicable and in such manner as the probate court shall determine to be in the best interest of the estate, after such notice and opportunity for hearing, if any, as the probate court shall deem practicable under the circumstances.

(Code 1981, §53-8-11, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section replaces former OCGA Sec. 53-8-21 with substantially similar provisions. The provisions of former OCGA Sec. 53-8-21 now appear in Article 2 of Title 29 (Guardian and Ward).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1868, § 2513, and former Code 1933, § 113-1701, are included in the annotations for this Code section.

Temporary administrator may sell perishable personal property under this section at the discretion of the ordinary (now probate judge). Ewing v. Moses, 50 Ga. 264 (1873) (decided under former Code 1868, § 2513).

Cited in Price v. Nehi, Inc., 49 Ga. App. 196, 174 S.E. 722 (1934); Jones v. Moore, 94 Ga. App. 348, 94 S.E.2d 523 (1956).

RESEARCH REFERENCES

Am. Jur. 2d.

- 31 Am. Jur. 2d, Executors and Administrators, §§ 725, 728 et seq., 736, 797, 799 et seq., 806, 1048, 1054.

C.J.S.

- 34 C.J.S., Executors and Administrators, §§ 404, 702, 714.

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