Syme v. . Broughton
Supreme Court of North Carolina
Civil Action tried- at Spring Term, 1881, of Wake Superior Court, before Schench, J. The action was brought by plaintiff as administrator of W. R. Pepper against the defendant as administrator with the will annexed of W. G. Lougee, to recover the amount due on an inland bill of exchange drawn by the defendant’s testator on one T. L. Love in favor of the plaintiff’s intestate.
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Civil Action tried- at Spring Term, 1881, of Wake Superior Court, before Schench, J. The action was brought by plaintiff as administrator of W. R. Pepper against the defendant as administrator with the will annexed of W. G. Lougee, to recover the amount due on an inland bill of exchange drawn by the defendant’s testator on one T. L. Love in favor of the plaintiff’s intestate. It was alleged by the plaintiff that he was the administrator of W. R. Pepper; that sometime in the month of July, 1876, W. G. Lougee died leaving a will in which no executor was appointed, and which was duly admitted to…
1Opinion of the CourtAshe, J.
The question presented for our consideration is, can this action be maintained against the defendant Broughton as the administrator with the will annexed of W. G. Lougee, deceased.
Prior to the adoption of the Code of Civil Procedure, in case of a controversy concerning the probate of a will, it was the practice of our courts to grant limited letters of admin-tration during the continuance of such controversy, called letters of administration pendente lite. The person to whom such letters were granted was required to give bond with security for the preservation of the estate, and the faithful…
2Cases cited1 opinion
- Floyd v. . HerringSupreme Court of North Carolina · 1870
3Cited by6 opinions
- Hughes v. . HodgesSupreme Court of North Carolina · 1886
- Randolph v. . HughesSupreme Court of North Carolina · 1883
- Hargrave v. GardnerSupreme Court of North Carolina · 1965
- In Re Palmer's WillSupreme Court of North Carolina · 1895
- In re the Will of PalmerSupreme Court of North Carolina · 1895
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