Legal Opinion

State Ex Rel. Stonestreet v. Frost

Supreme Court of North Carolina

Decided December 23, 1898PublishedCited by 7 opinions

PLAINTIFF’S APPEAL. - Civil action instituted by the next of kin and dis-tributees of the estate of W. Stonestreet against the official bond of E. Fiost, his administrator, heard before Mclver, J., at Spring Term, 1898, of Davie Superior Court upon exceptions to report of referee. By leave of the Court, the County of Davie was allowed to interplead in this action in order to assert an unpaid claim, due by judgment- recovered against the intestate, in his life-time.

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PLAINTIFF’S APPEAL. - Civil action instituted by the next of kin and dis-tributees of the estate of W. Stonestreet against the official bond of E. Fiost, his administrator, heard before Mclver, J., at Spring Term, 1898, of Davie Superior Court upon exceptions to report of referee. By leave of the Court, the County of Davie was allowed to interplead in this action in order to assert an unpaid claim, due by judgment- recovered against the intestate, in his life-time. The referee reported a balance due from Frost, administrator, of $544.59. In arriving at this amount, the referee excluded a…

1Opinion of the Court

CLARK, J., delivers the opinion of the court.

2DissentMontgomery, J.

The referee found as a fact that in July, 1897, Frost, the administrator, paid an attorney's fee of $100, and that he paid before that time to other attorneys for services in the settlement of the estate $40. Upon that finding of fact the referee held as a matter of law that as the administrator had paid $40 for counsel fees in the settlement of the estate, and as there was no evidence to show that he had any unusual trouble in transacting the business of the estate, and that the $100 was paid seventeen years after anything had been done by the…

3Cases cited2 opinions

  1. Turner v. ShufflerSupreme Court of North Carolina · 1891
  2. Brittain v. . DicksonSupreme Court of North Carolina · 1889

4Cited by7 opinions

  1. Lightner v. . BooneSupreme Court of North Carolina · 1942
  2. McLeod v. Graham.Supreme Court of North Carolina · 1903
  3. Williams v. JohnsonSupreme Court of North Carolina · 1949
  4. Rodman v. . StillmanSupreme Court of North Carolina · 1941
  5. Hinton v. . PritchardSupreme Court of North Carolina · 1900

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