Bidwell v. . King
Supreme Court of North Carolina
This was a civil aotioN against the defendant as executor, to recover a legacy, tried before Mitchell, Jat Fall Term, 1873, of Alleghany Superior Court. The feme plaintiff, residing in Alleghany county, became entitled to a legacy under the will of her grand-mother, who died in Lenoir county, in which her will was admitted to probate and the defendant, a resident therein, qualified as executor.
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This was a civil aotioN against the defendant as executor, to recover a legacy, tried before Mitchell, Jat Fall Term, 1873, of Alleghany Superior Court. The feme plaintiff, residing in Alleghany county, became entitled to a legacy under the will of her grand-mother, who died in Lenoir county, in which her will was admitted to probate and the defendant, a resident therein, qualified as executor. The plaintiff alleges that the defendant promised to pay her the interest on the legacy until a certain contingency arose, (her marriage,) at which time he was to pay the principal thereof. That she…
1Opinion of the CourtRodMAN, J.
Two objections are made to plaintiff’s action. 1. That it should have been brought in the Probate Court. We are of opinion that it should have been. The facts do not bring it within the principles decided in the case of Miller v. Barnes 65 N. C. Rep. 67. Here it is not alleged that the defendant ever promised to pay the principal of the legacy ; although it is alleged that he promised to pay the annual interest, and failed to do it. The Probate Court has general original jurisdiction of actions to recover legacies. Bell v. King, 70 N. C. Rep 330, and no circumstance is here alleged to make…
2Cases cited2 opinions
- Stanley v. . Mason, Adm'r.Supreme Court of North Carolina · 1873
- Miller v. . BarnesSupreme Court of North Carolina · 1871
3Cited by5 opinions
- Godfrey v. Tidewater Power Co.Supreme Court of North Carolina · 1944
- Farmers' State Alliance v. MurrellSupreme Court of North Carolina · 1896
- Wiggins v. FinchSupreme Court of North Carolina · 1950
- State Ex Rel. Clark v. PeeblesSupreme Court of North Carolina · 1888
- Wood v. . MorganSupreme Court of North Carolina · 1896