Renan v. . Banks
Supreme Court of North Carolina
Special -Proceeding- commenced in the probate court -and tried on appeal at Spring Term, 1880, of Cumberland -Superior Court, before Eure, J. The -plaintiff for himself and all other creditors of the defendant’s testatrix, demanded judgment for an account and settlement of the estate, and for the amount due as alleged in their complaint, and that the property of the same-be applied to the satisfaction thereof. The facts are stated in the opinion.
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Special -Proceeding- commenced in the probate court -and tried on appeal at Spring Term, 1880, of Cumberland -Superior Court, before Eure, J. The -plaintiff for himself and all other creditors of the defendant’s testatrix, demanded judgment for an account and settlement of the estate, and for the amount due as alleged in their complaint, and that the property of the same-be applied to the satisfaction thereof. The facts are stated in the opinion. The defendant, Rose, appealed from the judgment of the court below.
1Opinion of the CourtSmith, C. J.
Margaret Banks died in June, 1877, leaving a will, which was shortly afterwards proved in the proper •oourt, and, upon the renunciation of the executor named, the defendant, James A. Banks, -was appointed administra(tor to execute the trust thereof. The testatrix left personal .property,-all of which, except some furniture bequeathed-, has been appropriated to the charges of administration and the payment of debts; and devises two lots owned by her in the town of Fayetteville, one known as the “.Bake-shop lot,” to the defendant, (the administrator,) charged with the payment of the debts of…
2Cases cited4 opinions
- Hinton v. . WhitehurstSupreme Court of North Carolina · 1874
- Winfield v. . BurtonSupreme Court of North Carolina · 1878
- Brandon v. . PhelpsSupreme Court of North Carolina · 1877
- Donoho v. . PattersonSupreme Court of North Carolina · 1874
3Cited by1 opinion
- United States v. MinorCourt of Appeals for the Fourth Circuit · 1916