Culp v. . Stanford
Supreme Court of North Carolina
Civiu ACTION, tried before Graves, J., and a jury, at Eall Term, 1892, of Meokxenburo Superior Court. The facts in the case are as follows: One Thomas Russell made a will appointing D. P. Lee executor. He devised certain moneys, about $1,300, to “bo equally divided and paid over to Philip J. Russell, Miss Mary Russell, and the children of my niece, Martha, wife of Charles Stanford, in equal portion, share and share alike, to them and each and every of them.”
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Civiu ACTION, tried before Graves, J., and a jury, at Eall Term, 1892, of Meokxenburo Superior Court. The facts in the case are as follows: One Thomas Russell made a will appointing D. P. Lee executor. He devised certain moneys, about $1,300, to “bo equally divided and paid over to Philip J. Russell, Miss Mary Russell, and the children of my niece, Martha, wife of Charles Stanford, in equal portion, share and share alike, to them and each and every of them.” The Charles Stanford mentioned is the defendant in this case, and the fame plaintiff is his child. He became the guardian of his…
1Opinion of the Court
Clare, J.:
The defendant guardian should have collected for his wards two-thirds of the fund. Culp v. Lee, 109 N. C., 675. Instead thereof he collected only one-third. In Harris v. Harrison, 78 N. C., 202, it is said: “Both by statute and the decisions of the Courts * * * the guardian shall endeavor to collect by all lawful means his ward’s estate upon pain of being liable if. he neglect.”
It is doubtful, 'to say the least, if the advice of counsel could be a defence where the law in favor of the ward’s right to the fund had been so clearly settled by the authorities (cited in Culp v. Lee,…
2Cases cited7 opinions
- Culp v. . LeeSupreme Court of North Carolina · 1891
- Freeman v. . CookSupreme Court of North Carolina · 1849
- State Ex Rel. Harris v. HarrisonSupreme Court of North Carolina · 1878
- Batts v. . WinsteadSupreme Court of North Carolina · 1877
- Wade v. . DickSupreme Court of North Carolina · 1840
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Long v. Town of RockinghamSupreme Court of North Carolina · 1924