In Re the Administration of the Estate of Knowles
Supreme Court of North Carolina
ActioN beard by Neal, at May Term, 1908, of Sampson. David J. Knowles, lately domiciled in Sampson County, died in November,’ 1901, having first made and published his last will and testament, the first item of which is in the following words: <£I give, devise and bequeath unto my wife, Margaret Knowles, all my iiersonal property, to use as long as she lives, and at her death to be equally divided among my children, my grandchildren, Ered Knowles and Leona Knowles, to share…
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ActioN beard by Neal, at May Term, 1908, of Sampson. David J. Knowles, lately domiciled in Sampson County, died in November,’ 1901, having first made and published his last will and testament, the first item of which is in the following words: <£I give, devise and bequeath unto my wife, Margaret Knowles, all my iiersonal property, to use as long as she lives, and at her death to be equally divided among my children, my grandchildren, Ered Knowles and Leona Knowles, to share as one child. Also, I give unto my wife during her lifetime full privilege and control of my land and real estate.” In…
1Opinion of the CourtConnor, J.
We concur with the order made by his Honor affirming the action of the Clerk. It is settled' that the court will not remove an executor by reason of insolvency, when such condition existed at the time the will was executed and was known to the testator, unless it appears that he is wasting or misapplying the assets. Barnes v. Brown, 19 N. C., 401; McFadgen v. Council, 81 N. C., 195. In the absence of any such reason, or any well-grounded apprehension that adevas-tavit will be committed, a bond will not be required. The Clerk in this case finds that the property sold 'by the executors has been…
2Cases cited11 opinions
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- Smith v. . BarhamSupreme Court of North Carolina · 1833
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3Cited by12 opinions
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