Devane v. . Royal
Supreme Court of North Carolina
AotioN of assumpsit, tried before SiiepheRd, J., at the last Spring Term of Sampson Superior Court. The plaintiffs, who are attorneys at law, and professional co-partners, appeared as counsel for Catharine Royal, who propounded the will of her husband, Rezen Royal, for probate, wherein she was named executrix, and they also acted as counsel for her generally, in the management of the estate.- — ■ After the rendition of these services, the plaintiffs demanded payment, which…
Read the full summary
AotioN of assumpsit, tried before SiiepheRd, J., at the last Spring Term of Sampson Superior Court. The plaintiffs, who are attorneys at law, and professional co-partners, appeared as counsel for Catharine Royal, who propounded the will of her husband, Rezen Royal, for probate, wherein she was named executrix, and they also acted as counsel for her generally, in the management of the estate.- — ■ After the rendition of these services, the plaintiffs demanded payment, which the defendant refused, whereupon this suit was brought against her individually, without declaring against her-as…
1Opinion of the CourtBattle, J.
There is not the slightest foundation for the defense attempted to be set up by the defendant. As the plaintiffs were employed by the executrix to advise and assist her in the probate of the will of the testator, and in the management of his estate, she became liable to them upon a quantum merwit in her individual, and not in her official capacity. Their claim against her could not be a debt of the testator, for, say the Court, in Hailey v. Wheeler, 4 Jones’ Rep. 159, “it is not possible to conceive how a debt of the testator can be created by matter occurring wholly in the executor’s time.…
2Cited by12 opinions
- Leroy v. Jacobosky.Supreme Court of North Carolina · 1904
- Hall v. . R. R.Supreme Court of North Carolina · 1907
- Snipes v. . MondsSupreme Court of North Carolina · 1925
- Lightner v. . BooneSupreme Court of North Carolina · 1942
- Hall v. Southern Railway Co.Supreme Court of North Carolina · 1907
7 more not listed; retrieve them via the Exa API.