Pearce v. . Lovinier
Supreme Court of North Carolina
MotioN to the Probate Judge of Chaven county to remove the defendant, as executor, carried by appeal to the Superior Court of said county, where it was heard by his Honor Judge Clarke, at Spring Term, 1874. The allegations of the petition and the facts found by the Probate Judge are fully set out in the opinion of the Court.
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MotioN to the Probate Judge of Chaven county to remove the defendant, as executor, carried by appeal to the Superior Court of said county, where it was heard by his Honor Judge Clarke, at Spring Term, 1874. The allegations of the petition and the facts found by the Probate Judge are fully set out in the opinion of the Court. On the bearing below, his Honor remanded the cause to the Probate Court to require the executor to give bond, or to remove him in case of his failure to do so. From this judgment defendant appealed.
1Opinion of the CourtSettle, J.
This was an application by creditors to the Probate Judge to remove an executor, on the ground of fraud and incompetency. Upon hearing the motion and affidavits the Probate Judge found:
1. That the plaintiffs are creditors of the estate of Sarah J. Lovinier.
2. That at the time J. 0. Lovinier, the executor of Sarah J. Lovinier, filed an affidavit and prayed for an order of the Court to allow him to sell real estate for the payment of the debts of his testatrix, he had sufficient assets in his hands to pay the debts of his testatrix, and the charges of administration, as appears by his account…
2Cited by3 opinions
- In Re Estate of LowtherSupreme Court of North Carolina · 1967
- Lambert v. . KinnerySupreme Court of North Carolina · 1876
- In Re Estate of StyersSupreme Court of North Carolina · 1932