Shipp, Ex'r v. . Hettrick
Supreme Court of North Carolina
Rill in equity, set for bearing upon the pleadings and proofs at Pall Term, 1867, of the Court of Equity for Rutherford, .and transferred to this Court.
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Rill in equity, set for bearing upon the pleadings and proofs at Pall Term, 1867, of the Court of Equity for Rutherford, .and transferred to this Court. The plaintiff alleged that in 1855 he had qualified as executor of the will of one Whitesides, and that by such will certain legacies of money and other property were given to, •amongst others, the defendant, who was then and still remains, •an infant without guardian; that he had endeavored to get rid of his obligations as executor towards her, but without success, ■owing to her condition; that in managing the legacies given to her, he had…
1Opinion of the CourtSettle, J.
All the questions presented by the pleadings ii» this cause, have been disposed of in the case of Cummings v. Mebane, decided at the present term of this Court.
It is there stated, that the degree of diligence, to which those' who undertook to discharge a trust during the war, should! be held liable, is that which a prudent man, at that time,, would have exercised in the management of his own affairs.
And it is said in the same case, that, in the absence of any suggestion of fraud or negligence, where a party acting in. good faith, received Confederate currency, and afterwards: lost, not only…
2Cited by12 opinions
- Burke v. . TurnerSupreme Court of North Carolina · 1881
- Summers v. . ReynoldsSupreme Court of North Carolina · 1886
- Dunn v. Dunn.Supreme Court of North Carolina · 1905
- Longmire v. . Herndon, Ex'r.Supreme Court of North Carolina · 1875
- State Ex Rel . Wells v. . Sluder .Supreme Court of North Carolina · 1875
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