Burgwyn v. . Daniel
Supreme Court of North Carolina
Civil action, tried before Whitaker, J., and a jury, at December Term, 1893, of Northampton Superior Court. The complaint alleged the death, in the year 1879, of Joseph M. Rogers; the taking out of letters of administration on his estate by J. M. Grant (the intestate of the defendant Daniel), who was public administrator of Northampton County, and on whose bond as such the other defendants (or their intestates) were sureties; the resignation of the office of public…
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Civil action, tried before Whitaker, J., and a jury, at December Term, 1893, of Northampton Superior Court. The complaint alleged the death, in the year 1879, of Joseph M. Rogers; the taking out of letters of administration on his estate by J. M. Grant (the intestate of the defendant Daniel), who was public administrator of Northampton County, and on whose bond as such the other defendants (or their intestates) were sureties; the resignation of the office of public administrator by the said Grant in November, 1887; the negligence of the said Grant in failing to collect assets of the estate,…
1Opinion of the Court
Clark, J.:
The account is entitled on its face an annual account; it is so styled by the Clerk in approving and filing it, and it is recorded by him in his “ Record of Accounts ” and not in the book entitled “ Final Settlements.” The Court properly instructed the jury that it was not a final account, and that the six years statute of limitations did not apply. In Vaughan v. Hines, 87 N. C., 445, the account held to be a final account showed that all the debts and expenses of the estate had been paid, and that there was a net balance which had been found “ due the heirs ” at a date more than a…
2Cases cited5 opinions
- Benson v. . BennettSupreme Court of North Carolina · 1893
- Vaughan v. . HinesSupreme Court of North Carolina · 1882
- Coppersmith v. WilsonSupreme Court of North Carolina · 1890
- Brawley v. . BrawleySupreme Court of North Carolina · 1891
- Glen v. . KimbroughSupreme Court of North Carolina · 1859
3Cited by2 opinions
- State Ex Rel. Hicks v. PurvisSupreme Court of North Carolina · 1935
- Coppersmith v. . WilsonSupreme Court of North Carolina · 1890