Legal Opinion

Wilson v. . Abrams

Supreme Court of North Carolina

Decided January 5, 1874Published

Special pboueedings, (petitioner against an- administrator for a settlement,) tried upon exceptions to the report of a commissioner, before Logan, J., at Spring Term, 1873, of the Superior Court of Pole County. The. plaintiffs are the distributees and next of kin of Charles Wilson, deceased, of whose estate the defendant, R. J. Abrams, is the administrator.

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Special pboueedings, (petitioner against an- administrator for a settlement,) tried upon exceptions to the report of a commissioner, before Logan, J., at Spring Term, 1873, of the Superior Court of Pole County. The. plaintiffs are the distributees and next of kin of Charles Wilson, deceased, of whose estate the defendant, R. J. Abrams, is the administrator. The summons was returnable before the Judge of Probate, who was at the time, Abrams, the ad minis-ftrator, on ,the 2nd Monday of March, 187®, at which time Abrams having accepted service, filed his answer. At the time the answer was put…

1Opinion of the CourtReadb, J.

The Court of Probate has jurisdiction “ to audit the accounts of executors, administrators and guardians,” under the Code, subject to transfer and appeal, as in other cases. See also, Con. Art., IY, see. 17.

Where a Judge of Probate was, at the time of his election, administrator of an estate, it was supposed to be contrary to principle that he should audit an account of his own; and, therefore, the act of 1871 — 72, chap. 197, sec. 1, provides that in such case the Judge of the Superior Court may make such order as may be necessary in the settlement of the estate; and may audit the accounts…

2Cases cited1 opinion

  1. Hunt v. . SneedSupreme Court of North Carolina · 1870

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