Robertson v. . Wall
Supreme Court of North Carolina
Special ProceediNG for account and settlement, commenced in the probate court, and heard at Fall Term, 1879, of Stokes Superior Court, before Gilmer, J. Granville Wall died in 1859 intestate, and administration on his estate was committed to his widow Mary F. Wall who entrusted the entire management of the business to her father, the plaintiff.
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Special ProceediNG for account and settlement, commenced in the probate court, and heard at Fall Term, 1879, of Stokes Superior Court, before Gilmer, J. Granville Wall died in 1859 intestate, and administration on his estate was committed to his widow Mary F. Wall who entrusted the entire management of the business to her father, the plaintiff. At September term, 1860, of the county court of Stokes, the plaintiff was appointed guardian to the defendants, infant children of the intestate, and gave bond as required by law. At May term, 1861, commissioners were appointed by the same court to…
1Opinion of the Court
Smith, C. J.,
after stating the case. We see no satisfactory grounds for reversing the decision of his Honor in allowing remuneration to the plaintiff for his management of the trust estate in the form of commissions on the sums’ received. In law whatever per eenfcum may be allowed should dimin^ ish pro ianto the amount received,- w-hen- so received, and the sum remaining constitutes the part wherewith he is eharge-able. While it may seem- unimportant,, when the entire amount has been lost under circumstances acquitting the guardian of personal responsibility, it is fair and reasonable to…
2Cases cited5 opinions
- State Ex Rel . Cummings v. . MebaneSupreme Court of North Carolina · 1869
- Green v. . BarbeeSupreme Court of North Carolina · 1881
- State Ex Rel. Purser v. SimpsonSupreme Court of North Carolina · 1871
- Suddreth v. . McCombsSupreme Court of North Carolina · 1878
- State Ex Rel . Wells v. . Sluder .Supreme Court of North Carolina · 1875
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