§ 53-7-48 - (Pre-1998 Probate Code) Defenses in actions against administrators and executors as such - Georgia Statutes

O.C.G.A. 53-7-48 (2010)
53-7-48. (Pre-1998 Probate Code) Defenses in actions against administrators and executors as such

When an action is brought against an executor or administrator in his representative character, he may make the following defenses:

(1) That he does not occupy the position of executor or administrator as alleged;

(2) That no assets have come into his hands;

(3) That he has fully administered all the assets that have come into his hands except a sum not sufficient to satisfy debts of a higher nature against the decedent held by third persons;

(4) That he has fully administered the assets that came into his hands; or

(5) That, pending the action, his letters testamentary or of administration have been revoked and the administration committed to another, to whom all the assets which came into his hands have been delivered.