Buffaloe v. . Barnes
Supreme Court of North Carolina
Appeal by defendants Euth Buffaloe Wilson, Katie Buffaloe and Norman B. Buffaloe from Grady, Emergency Judge, at September Term, 1945, of Wake. Modified and affirmed. This was an action by tbe executors of tbe will of David T. Barnes, deceased, under tbe Declaratory Judgment Act, for advice and direction in tbe administration of tbe estate. Tbe devisees and legatees are made parties defendant. All are of full age.
Read the full summary
Appeal by defendants Euth Buffaloe Wilson, Katie Buffaloe and Norman B. Buffaloe from Grady, Emergency Judge, at September Term, 1945, of Wake. Modified and affirmed. This was an action by tbe executors of tbe will of David T. Barnes, deceased, under tbe Declaratory Judgment Act, for advice and direction in tbe administration of tbe estate. Tbe devisees and legatees are made parties defendant. All are of full age. Tbe cause was submitted to tbe court for decision of certain questions of law based upon an agreed statement of facts. Tbe admitted facts pertinent to tbe inquiry were substantially…
1DissentBarnhill, J.
I am concerned only about tbe first question presented by this appeal and tbe disposition thereof by tbe majority. If I interpret tbe opinion correctly it, in effect, directs judgment tbat tbe 70 shares of preferred stock in tbe Carolina Power & Light Company are tbe property of tbe estate, free of any claim of Rossie Mae Barnes, except as to tbe one-balf interest conceded by appel-lees. I am unable to concur in this disposition of tbat phase of tbe case.
While judgment for tbe executor will inure to tbe benefit of tbe other defendants, tbe only persons having a legal interest in this stock…
2Cases cited6 opinions
- Trustees v. . Banking Co.Supreme Court of North Carolina · 1921
- Jones v. WaldroupSupreme Court of North Carolina · 1940
- Taylor v. . SmithSupreme Court of North Carolina · 1895
- Jones v. . WaldroupSupreme Court of North Carolina · 1940
- Briggs v. Asheville DevelopersSupreme Court of North Carolina · 1926
1 more not listed; retrieve them via the Exa API.