State Ex Rel. Baldwin v. Johnston
Supreme Court of North Carolina
Appeal from the Superior' Court of Law of Washington County, at the Spring Term, 1848, his Honor Judge Settle presiding. James Baldwin died in the year-intestate, without issue, leaving a widow and one brother, the relator, who were entitled to his personal property. Letters of administraton were duly granted to James Bennett, who entered into bond, with the defendants, as his sureties.
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Appeal from the Superior' Court of Law of Washington County, at the Spring Term, 1848, his Honor Judge Settle presiding. James Baldwin died in the year-intestate, without issue, leaving a widow and one brother, the relator, who were entitled to his personal property. Letters of administraton were duly granted to James Bennett, who entered into bond, with the defendants, as his sureties. The personal estate of Baldwin was large.and the administrator possessed himself of it, and after paying the debts of his intestate, and the widow her third, had. in his hands a considerable sum,…
1Opinion of the CourtNash, J.
We see no reason to doubt the correctness of the judgment appealed from. Upon the estate of every intestate there must be an administration, in order to its due and proper settlement. The administrator is the personal representative of the deceased, and upon him devolves the duty and reponsibility of collecting the as-setts, and paying the debts and making distribution. He alone is recognised as legally entitled to the assets, and to him must the creditors and next of kin look. If he dies before these ends are attained, an administrator de bonis non must be appointed, and to him the like…
2Cited by2 opinions
- Taylor v. . BrookSupreme Court of North Carolina · 1838
- Williams v. . BrittonSupreme Court of North Carolina · 1850