Legal Opinion

Bell v. King

Supreme Court of North Carolina

Decided January 15, 1874PublishedCited by 9 opinions

Civil actioN, in the nature of a special proceeding to recover a legacy, heard by Henry, J., at the Eall Term, 1873, of EüNcombe Superior Court. The case was referred, and the report of the referee excepted to by the defendant. His Honor, on the trial below, sustaining the exception, the plaintiffs appealed. The facts of the case, with the exceptions to the report and the opinion of the Judge below, are fully stated in the opinion of the Court. J. II.

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Civil actioN, in the nature of a special proceeding to recover a legacy, heard by Henry, J., at the Eall Term, 1873, of EüNcombe Superior Court. The case was referred, and the report of the referee excepted to by the defendant. His Honor, on the trial below, sustaining the exception, the plaintiffs appealed. The facts of the case, with the exceptions to the report and the opinion of the Judge below, are fully stated in the opinion of the Court. J. II. Merrimon, contra, cited and relied on Hunt v. Sneed, 64- N. C. Rep. 176; Heilig v. Foard, Ibid, 710 ; Sprinkle v. Ilutehinson, 66 N. C. Rep.…

1Opinion of the CourtSettle, J.

This was an action for the recovery of a legacy, made returnable to the regular Spring Term, 1870, of the Superior Court for Macon county, and removed by consent of parties at Eall Term, 1871, to the county of Buncombe.

*331The first question for our consideration is one of jurisdiction.

“ The Clerks of the Superior Courts shall have jurisdiction of the probate of deeds, the granting of letters testamentary and of administration, the appointment of guardians, the apprenticing of orphans, to audit the accounts of executors, administrators and guardians, and of such other matters as shall be…

2Cases cited1 opinion

  1. McAdoo v. . BenbowSupreme Court of North Carolina · 1869

3Cited by9 opinions

  1. Ward v. . LowndesSupreme Court of North Carolina · 1887
  2. Lowe v. HarrisSupreme Court of North Carolina · 1893
  3. Settle v. Settle.Supreme Court of North Carolina · 1906
  4. Lowe v. . HarrisSupreme Court of North Carolina · 1893
  5. Johnson v. . FutrellSupreme Court of North Carolina · 1882

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