Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Civil Code 1910, § 4068, and former Code 1933, § 113-1517, are included in the annotations for this Code section.

Absence of evidence of obtaining order authorizing investment.

- In the absence of evidence that the administrator or guardian first obtained an order from the judge of the superior court authorizing the investment, the administrator or guardian is liable to the heirs of the estate for the money belonging to the estate which the administrator has invested in real estate, notwithstanding that the administrator or guardian acted in good faith and with the approval of the ordinary (now probate judge) and that the minors received the benefit of the investment as a home. Paulk v. Roberts, 42 Ga. App. 79, 155 S.E. 55 (1930) (decided under former Civil Code 1910, § 4068).

While an executor or administrator cannot invest funds of the estate in lands, unless authorized by the will or by order of the superior court judge in term or vacation, the executor or administrator is not required or authorized to sell real estate except when it is necessary for the purpose of paying the debts or making distribution otherwise than in kind. Robinson v. Georgia Sav. Bank & Trust Co., 185 Ga. 688, 196 S.E. 395 (1938) (decided under former Code 1933, § 113-157).

Am. Jur. 2d.

- 31 Am. Jur. 2d, Executors and Administrators, §§ 510, 511, 520.

C.J.S.

- 34 C.J.S., Executors and Administrators, §§ 274 et seq., 357.

ALR.

- Effect of beneficiary's consent to, acquiescence in, or ratification of, improper investments or loans (including failure to invest) by trustee or other fiduciary, 128 A.L.R. 4.