Hunt v. . Sneed
Supreme Court of North Carolina
Action, tried before Watts, at Fall Term 1869 of Granvile Court. Ou the 24th of July 1869, the plaintiff issued a summons re-tamable at tbe regular term of tbe Superior Court of Gran-ville, and filed his complaint, in which he alleged, in substance, that the defendant, Sarah, was the executrix of one Bullock, and had intermarried with the other defendant; that the plaintiff was both a creditor and a legatee of the testator; and that defendants were wasting the estate; and…
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Action, tried before Watts, at Fall Term 1869 of Granvile Court. Ou the 24th of July 1869, the plaintiff issued a summons re-tamable at tbe regular term of tbe Superior Court of Gran-ville, and filed his complaint, in which he alleged, in substance, that the defendant, Sarah, was the executrix of one Bullock, and had intermarried with the other defendant; that the plaintiff was both a creditor and a legatee of the testator; and that defendants were wasting the estate; and demanded judgment that the defendants account, and pay his debt and legacy, and that in the meanwhile they be enjoined,…
1Opinion of the CourtEodman, J.
(After stating the case as above.) It is contended that the Court had no jurisdiction of the case, because original jurisdiction of all proceedings necessary for the settlement of the estate of a deceased person, is, by law, vested exclusively in the Probate Judge. Section 17, Art. IV. of the Constitution gives to the CiSrks of the Superior Courts jurisdiction of “the granting of letters testamentary and of administration,” and “to audit the accounts of executors, administrators and guardians, and of such other matters as shall be prescribed by law.” The words of this grant of jurisdiction…
2Cited by14 opinions
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