Ray v. . Patton
Supreme Court of North Carolina
Civil ActioN, tried at Spring Term, 1882, of Buncombe Superior Court, before Gilliam, J. James W. Patton died in December, 1861, leaving a will in which William A., James A., and Thomas W. Patton, his sons, and N. W. Woodfin are appointed executors. The two first named qualified and proceeded with the administration jjntil their deaths. William died in April, 1863, and James in March of the following year.
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Civil ActioN, tried at Spring Term, 1882, of Buncombe Superior Court, before Gilliam, J. James W. Patton died in December, 1861, leaving a will in which William A., James A., and Thomas W. Patton, his sons, and N. W. Woodfin are appointed executors. The two first named qualified and proceeded with the administration jjntil their deaths. William died in April, 1863, and James in March of the following year. The remaining executors subsequently assumed the trust and the defendant, Thomas, alone survives. The present action for work and labor rendered by the plaintiff’s intestate to the…
1Opinion of the Court
Smith, C. J.,
after stating the facts. There is no error in these several rulings of the court. The objections to the order of reference and to the report and its confirmation for any of the causes assigned, are without support from the record and are untenable. The reference was by consent, and the confirmation of the report delayed for six months after it was put in and no exceptions were taken. It is how ever upon its face incomplete and fails to show the condition of the assets and the funds in'the hands of the defendant, or which ought to .be, either at the date of the commencement of the…
2Cases cited1 opinion
- Heilig v. . FoardSupreme Court of North Carolina · 1870
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