Tulburt v. . Hollar
Supreme Court of North Carolina
Civil action, tried before Clark, J., at March Term, 1888, of the Superior Court of Wilkes County. This action was commenced January 14,1887. The material facts are as follows: J. W. Tulburt died intestate in Wilkes County in 1865, and the plaintiffs are his nest of kin and distributees.
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Civil action, tried before Clark, J., at March Term, 1888, of the Superior Court of Wilkes County. This action was commenced January 14,1887. The material facts are as follows: J. W. Tulburt died intestate in Wilkes County in 1865, and the plaintiffs are his nest of kin and distributees. In October, 1865, the defendant, Israel Hollar, was duly appointed administrator of said Tulburt, and executed his bond as spch, with Noah Brown, the intestate of the defendant Jarvis, as his surety, and this action is brought by the plaintiffs, alleging breaches of the administration bond, and demanding an…
1Opinion of the CourtDavis, J.
(after stating the facts). We have not been favored with any argument on behalf of the appellants, but it is suggested that the action is brought against the defendant Hollar and the surety on his bond upon the assumption that he had no right to resign as administrator, and that the appointment of Welborn was void, and, therefore, no administrator de bonis non could be appointed.
In Washington v. Blount, 8 Ired. Eq., 253, it is said that an executor, after having accepted and entered upon the, discharge of his trust, cannot resign, but can “only be removed upon a suggestion of unfitness or…
2Cases cited5 opinions
- Beall v. New MexicoSupreme Court of the United States · 1873
- Merrill v. . MerrillSupreme Court of North Carolina · 1885
- Latham v. . BellSupreme Court of North Carolina · 1873
- Taylor v. . BiddleSupreme Court of North Carolina · 1874
- Carlton v. ByersSupreme Court of North Carolina · 1874
3Cited by13 opinions
- Ellyson v. LordSupreme Court of Iowa · 1904
- Spivey v. GodfreySupreme Court of North Carolina · 1963
- State v. . WilsonSupreme Court of North Carolina · 1939
- In Re the Will of CovingtonSupreme Court of North Carolina · 1960
- State v. WilsonSupreme Court of North Carolina · 1939
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