Syme v. . Badger
Supreme Court of North Carolina
This was a civil ACTION, tried before Connor, Judge, at April Civil Term, 1886, of Wake Superior Court. The complaint alleges in substance, that George E. Badger died in the county of Wake in 1866, leaving a last will and testament, which was duly proved at the May Term, 1866, of the Court of Pleas and Quarter Sessions of said county, and that at the same Term, Delia H. Badger, the executrix named in the said will, duly qualified as such.
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This was a civil ACTION, tried before Connor, Judge, at April Civil Term, 1886, of Wake Superior Court. The complaint alleges in substance, that George E. Badger died in the county of Wake in 1866, leaving a last will and testament, which was duly proved at the May Term, 1866, of the Court of Pleas and Quarter Sessions of said county, and that at the same Term, Delia H. Badger, the executrix named in the said will, duly qualified as such. That the said executrix, Delia H. Badger, died in November, 1876, without having fully administered the estate of her testator, and that thereafter, to-wit,…
1Opinion of the Court
Davis, J.,
(after stating the facts). George E. Badger died in 1866, and Delia H. Badger qualified as executrix of his. will in May, 1866. Mrs. Badger died in November, 1876,. and Thos. Badger qualified as her administrator on the 2d of January, 1877. This action was commenced on the 19th day of September, 1885, and all the defendants rely upon the seven years statute of limitation as a bar.
Section 153, sub-section 2, of The Code, prescribes for the commencement of action “by any creditor of a deceased person, against his personal or real representative, within seven years next after the…
2Cases cited10 opinions
- Syme v. . BadgerSupreme Court of North Carolina · 1885
- Blount v. . ParkerSupreme Court of North Carolina · 1878
- Cox v. . CoxSupreme Court of North Carolina · 1881
- Spruill v. . SandersonSupreme Court of North Carolina · 1878
- Hughes v. . WhitakerSupreme Court of North Carolina · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lee v. . McKoySupreme Court of North Carolina · 1896
- Smith v. BrownSupreme Court of North Carolina · 1888
- Brittain v. . DicksonSupreme Court of North Carolina · 1889
- Andres v. PowellSupreme Court of North Carolina · 1887
- Smith v. . BrownSupreme Court of North Carolina · 1888
6 more not listed; retrieve them via the Exa API.