Armstrong v. . Stowe
Supreme Court of North Carolina
Special Proceeding commenced in the Probate Court of GastoN County, and heard on the 1st day of June, 1877, at Chambers in Charlotte, before Cloud, J. The plaintiff is administrator of Nathan Eoard, and had recovered judgment for a considerable sum against the defendants, Jasper Stowe, E. B. Stowe and W. A. Stowe, executors of Larkin Stowe.
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Special Proceeding commenced in the Probate Court of GastoN County, and heard on the 1st day of June, 1877, at Chambers in Charlotte, before Cloud, J. The plaintiff is administrator of Nathan Eoard, and had recovered judgment for a considerable sum against the defendants, Jasper Stowe, E. B. Stowe and W. A. Stowe, executors of Larkin Stowe. The judgment was obtained in an action upon the official bond of Jasper Stowe, as guardian of plaintiff's intestate, Nathan Foard, to which bond the defendants’ testator, Larkin Stowe, was surety, who at the time of his death in 1857, owned real and…
1Opinion of the Court
Reade J.
The following safeguards are placed by the-law around the estates of deceased persons; (1.) The persons most interested shall be appointed to manage them. Bat. Rev. cb. 45, § 3; (2.) They' must be persons “ competent ” to do the business; (3.) They must give bonds and sureties; (4.) They must take oaths, § 15 ; (5.) They must render accounts, § 25 ; (6.) Upon failure to do which they are liable to indictment and imprisonment; and (7.) To removal.
Borne of these safeguards are omitted in case of executors, where much is left to the discretion of the testator, as he may appoint whom he…
2Cited by3 opinions
- Simpson v. . JonesSupreme Court of North Carolina · 1880
- McRae v. . MalloySupreme Court of North Carolina · 1882
- Wilkins v. . HarrisSupreme Court of North Carolina · 1864