Slaughter v. Cannon
Supreme Court of North Carolina
Civil action, tried before Gudger, Judge, at Spring Term, 1885, of the Superior Court of Pitt county. By consent of the parties, his Honor found the facts which are as follows: This action, begun on February 12th, 1883, by the plaintiff, claiming the personal estate of Theophilus Slaughter, which is, ■or ought to be, in the hands of the defendant Caleb Cannon, who upon the death of the'executrix appointed therein without having completed her administration, was appointed…
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Civil action, tried before Gudger, Judge, at Spring Term, 1885, of the Superior Court of Pitt county. By consent of the parties, his Honor found the facts which are as follows: This action, begun on February 12th, 1883, by the plaintiff, claiming the personal estate of Theophilus Slaughter, which is, ■or ought to be, in the hands of the defendant Caleb Cannon, who upon the death of the'executrix appointed therein without having completed her administration, was appointed administrator de bonis non, with the will annexed, against him and the other defendants, sureties upon his administration…
1Opinion of the CourtSmith, C. J.
(after stating the facts). Not a single fact is shown to exist which in any degree impeaches the fairness and good faith of the former proceedings to bring about a settlement of the testator’s estate. Respectable and opposing counsel represented the parties to the suit. Reference was made to the *193clerk, to take and state the administration account, and he did so, making his report to the next Fall Term, 1867, of the Court, and showing in his, the administrator’s hands, trust funds to the amount of $8,412.37.
A decree was entered confirming the report, and directing to be paid over by the…
2Cases cited2 opinions
- Spruill v. . SandersonSupreme Court of North Carolina · 1878
- Timberlake v. . GreenSupreme Court of North Carolina · 1881