Appellant Robert Herndon was appointed guardian of the property1 of Edward Miraglia, Jr. on March 31, 1998. He served in that capacity for almost a year, until Miraglia died on March 18, 1999. Herndon turned over Miraglia’s assets to the co-executors of the estate2, but retained $376,398 as compensation for his service as guardian pursuant to then applicable OCGA § 29-2-42.3 The co-executors subsequently filed a Motion for Repayment of Excess Guardian Fees on the ground that Herndon erroneously calculated his fees under that code section by taking 2.5 percent of stocks, bonds and real property in addition to the 2.5 percent of “sums of money” allowed under that section. The probate court denied both parties’ motions for summary judgment and after a trial ordered Herndon to repay $304,835.32 to the administrator of the estate, holding that real estate,4 stocks and bonds are not “sums of money” as that term is used in OCGA § 29-2-42 a; Herndon appeals that ruling in Case Number A07A2333. The probate court denied the administrator’s motion for pre-judgment interest on the amount owed and the administrator appeals that ruling in Case Number A07A2334. A07A2333
1. The language at issue in OCGA § 29-2-42 provided in relevant part as follows: “as compensation for services, a guardian shall have a commission of 2 1/2 percent on all sums of money received on account of the estate, except on money loaned by and repaid to the guardian, and a like commission on all sums paid out by the guardian. Guardians may be allowed an additional annual commission of .5 percent of the market value . . . of the property held in their estates. The commissions are part of the expense of administering the ward’s estate and may be charged against the corpus of the estate as well as the income.” Ga. L. 1996, p. 516, § 6.5
