Allen v. . Royster
Supreme Court of North Carolina
This was a civil action, tried at Spring Term, 1890, of Granville Superior Court, before Womack, J. This action is brought by the plaintiff sole next of kin of the intestate of the defendant administrator, upon the bond of the latter and his sureties thereto.
Read the full summary
This was a civil action, tried at Spring Term, 1890, of Granville Superior Court, before Womack, J. This action is brought by the plaintiff sole next of kin of the intestate of the defendant administrator, upon the bond of the latter and his sureties thereto. The plaintiff alleges that the defendant, as administrator, took into his possession considerable personal property of his intestate; that he failed and neglected to duly administer the same, &c., and especially failed and refused to account with and pay to her such sums of money, &c., as were due to her, &c., as such next of kin,…
1Opinion of the Court
Merrision, C J.
after stating the facts: The defendants can have no benefit of their exception to the refusal of the Court below to grant their motion to dismiss the action, if the motion had merit, because they did not appeal.
The motion here to dismiss the action is without merit. The complaint alleges a cause of action. It need not necessarily allege that two years had elapsed next after the administrator qualified as such, and before the action began, because the administrator might consent to account fully or partially with the next of kin before such lapse of time, and if there existed…
2Cases cited2 opinions
- Grant v. . HughesSupreme Court of North Carolina · 1886
- White v. . HollySupreme Court of North Carolina · 1884
3Cited by8 opinions
- Snow v. . BoylstonSupreme Court of North Carolina · 1923
- Braddy v. . PfaffSupreme Court of North Carolina · 1936
- State Ex Rel. Collins v. SmithSupreme Court of North Carolina · 1891
- State Ex Rel. Marler-Dalton-Gilmer Co. v. GoldenSupreme Court of North Carolina · 1916
- Caviness v. Fidelity Co.Supreme Court of North Carolina · 1905
3 more not listed; retrieve them via the Exa API.