Hester v. . Hester
Supreme Court of North Carolina
The bill in this case was filed by the administrator, with the will annexed, of Benjamin Hester against the children several brothers and sisters of the testator, claiming under a particular bequest in the will, and the children of the deceased’s brother Francis, who were the residuary legatees and devisees of the testator ; and thereby it was prayed that the court would settle the construction of the will, declare the rights of these conflicting claimants, and have the…
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The bill in this case was filed by the administrator, with the will annexed, of Benjamin Hester against the children several brothers and sisters of the testator, claiming under a particular bequest in the will, and the children of the deceased’s brother Francis, who were the residuary legatees and devisees of the testator ; and thereby it was prayed that the court would settle the construction of the will, declare the rights of these conflicting claimants, and have the accounts of the estate and the administration thereof taken, the plaintiff- offering to pay unto the persons declared…
1Opinion of the Court
Gastois J.
The commissioner finds a large balance to be dtiefron the plaintiff, but states'“that the administrator fi led with the clerk a large amount of bonds belongingto the estate, and required of the commissioner that he should list them and calculate the interest due on each, and that this has been declined as not coming within the order of the Court,” and th & first of the plaintiff’s exceptions is, for that the commissioner hath given the plaintiff no credit for these bonds and other securities for debt in the account. We think the commissioner has erred in supposing, that the order of…
2Cited by3 opinions
- Lightner v. . BooneSupreme Court of North Carolina · 1942
- Lane v. AlbertsonAppellate Division of the Supreme Court of the State of New York · 1903
- Young v. . KennedySupreme Court of North Carolina · 1886