Sprinkle v. . Holton
Supreme Court of North Carolina
Civil actioN, tried before Ward, J., and a jury, at March Term, 1907, of the Superior Court of MlcicleNbuRG County. The plaintiffs evidence, the material parts of which are of record, discloses this case: Thomas J. Holton died. 27 December, 1860, having first made and published his last will and testament, in which he made the following disposition of his estate: “Item 1. I will, devise and bequeath my whole estate, real and personal, including my choses in action, to my…
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Civil actioN, tried before Ward, J., and a jury, at March Term, 1907, of the Superior Court of MlcicleNbuRG County. The plaintiffs evidence, the material parts of which are of record, discloses this case: Thomas J. Holton died. 27 December, 1860, having first made and published his last will and testament, in which he made the following disposition of his estate: “Item 1. I will, devise and bequeath my whole estate, real and personal, including my choses in action, to my friend, Ebenezer Hutchison, in trust, primarily, for the payment of all my debts, and, secondly, for the equal use and…
1Opinion of the Court
CoNNOR, J.,
after stating the case: There can be no doubt that, under the terms of the will of Thomas J. Holton, the executor was empowered to sell all the real estate; hence the sale of the lot in controversy to Rachel Holton was valid, and constituted, upon the execution of the note, a binding contract, whereby she acquired an interest in the property enti tling ber to call upon tbe executor for a deed by paying tbe note. It is equally clear tbat tbe note in tbe bands of tbe executor constituted an asset or fund, to be distributed in accordance with tbe will of Holton. Tbe interest of tbe…
2Cases cited3 opinions
- Harrison v. . HargroveSupreme Court of North Carolina · 1891
- Alexander v. . FoxSupreme Court of North Carolina · 1854
- Lambert v. . HobsonSupreme Court of North Carolina · 1857
3Cited by5 opinions
- In Re Will of LloydSupreme Court of North Carolina · 1913
- Martin v. . BundySupreme Court of North Carolina · 1937
- Martin v. BundySupreme Court of North Carolina · 1937
- Marshall v. . HammockSupreme Court of North Carolina · 1928
- In re the Judicial Settlement of the Account of GrossAppellate Division of the Supreme Court of the State of New York · 1941