Hawkins v. . Carpenter
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1882, of Rutherford Superior Court, before Gudger, J. Robert Scruggs died intestate in November, 1858, and letters of administration on his estate were granted to Mieajah Durham. "Without having fully administered the trust, the latter also died intestate in December, 1864, and his wife, Esther Durham, became his administratrix, and gave bond as such with the defendants sureties thereon.
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Civil ActioN tried at Spring Term, 1882, of Rutherford Superior Court, before Gudger, J. Robert Scruggs died intestate in November, 1858, and letters of administration on his estate were granted to Mieajah Durham. "Without having fully administered the trust, the latter also died intestate in December, 1864, and his wife, Esther Durham, became his administratrix, and gave bond as such with the defendants sureties thereon. In 1865, administration de bonis non on the estate of Robert Scruggs was committed to the plaintiff, who, on March 9th, 1878, instituted the present action against the…
1Opinion of the Court
Smith, C. J.,
after stating the case. It is contended by appellant’s counsel that inasmuch as the answer admits that lands, of sufficient value to pay the debt, descended from the intestate, Micajah, to his heirs-at-law, which could by proper proceedings issued against them by the said Esther have been subjected to the payment of the debt, her failure to convert such real estate into assets for the purpose is itself a breach of the official bond, rendering her and her sureties alike liable, as if by this means the conversion into assets had been effected.
We do not concur in this view. The…
2Cases cited6 opinions
- Latham v. . BellSupreme Court of North Carolina · 1873
- Pelletier v. . SaundersSupreme Court of North Carolina · 1872
- E. S. Badger v. . Maria L. Jones and J. W. B. WatsonSupreme Court of North Carolina · 1872
- Ray v. . PattonSupreme Court of North Carolina · 1882
- Fike v. . GreenSupreme Court of North Carolina · 1870
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3Cited by2 opinions
- Linker v. . LinkerSupreme Court of North Carolina · 1938
- Wilson v. . BynumSupreme Court of North Carolina · 1885