Cox v. . Brower
Supreme Court of North Carolina
This ACTION was begun 30th January, 1892, by the plaintiff as administrator of four deceased legatees under the will of Susannah Carr, deceased, against the executors of the deceased executor of said will for an account, and to recover the legacies, and tried at the Special Term, 1893, of the Superior Court of Randolph, before Boykin, J. The evidence was that the will of Susannah Carr was proven at the August Term, 1859, of Randolph County Court, and that Alfred Brower, the…
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This ACTION was begun 30th January, 1892, by the plaintiff as administrator of four deceased legatees under the will of Susannah Carr, deceased, against the executors of the deceased executor of said will for an account, and to recover the legacies, and tried at the Special Term, 1893, of the Superior Court of Randolph, before Boykin, J. The evidence was that the will of Susannah Carr was proven at the August Term, 1859, of Randolph County Court, and that Alfred Brower, the executor named therein, filed inventory of the estate at the November Term of said Court following, as was also report…
1Opinion of the Court
Bun well, J.:
It seems to have been conceded that more than twenty years elapsed between the date when the intes-tates of plaintiff, legatees under the will of Susannah Carr, might have maintained suits to recover their legacies and the date when suit was brought by the plaintiff for that purpose. This being true, the law, for the sake of repose and to discourage “stale claims,” raises a presumption that these legacies have been paid, or the claim therefor satisfied in some way, or that it was abandoned. Wilkerson v Dunn, 7 Jones, 125. Mr. Lawson, in -his work on Presumptive Evidence, lays…
2Cases cited5 opinions
- Foulk v. BrownSupreme Court of Pennsylvania · 1834
- Grant v. . BurgwynSupreme Court of North Carolina · 1881
- Alston v. . HawkinsSupreme Court of North Carolina · 1890
- Hall v. . GibbsSupreme Court of North Carolina · 1882
- Rowland v. . WindleySupreme Court of North Carolina · 1882
3Cited by10 opinions
- Latham v. LathamSupreme Court of North Carolina · 1922
- Coxe v. . CarsonSupreme Court of North Carolina · 1915
- Latham v. . LathamSupreme Court of North Carolina · 1922
- Outland v. . OutlandSupreme Court of North Carolina · 1896
- Worth v. . WrennSupreme Court of North Carolina · 1907
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