Edwards v. . Cobb

(Brittain v. Mull, 91 N.C. 498; Barnes v. Brown, 79 N.C. 401; Simpson v. Jones, 82 N.C. 323; Murrill v. Sandlin, 86 N.C. 54; Taylor v.Biddle, 71 N.C. 1; In re Brinson, 73 N.C. 278; McFayden v. Council,81 N.C. 195; Rowland v. Thompson, 64 N.C. 714, cited and approved). Devereux Cobb died in July, 1883, in the county of Greene, leaving a last will and testament, which was duly proven, and James H. Cobb, the defendant, qualified as executor thereof, and thereupon took possession of considerable estate.

The feme plaintiff is a legatee named in the will, and the plaintiff Baker is a creditor of the…