Taylor v. . Biddle
Supreme Court of North Carolina
Special Peoceedieg, to sell real estate for assets, filed in the Probate Court of Cabteeet county, and thence carried by appeal before Clarice, J., and heard at Chambers January 2d,, 1874 The petition, praying the sale of six acres of land situate near the town of Beaufort, belonging to the estate of the late Jos. B. Outlaw, was filed June 8th, 1870, and regularly served on the defendants, interested as heirs at law. On the 2d of January, 1871, a decree of sale was obtained.
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Special Peoceedieg, to sell real estate for assets, filed in the Probate Court of Cabteeet county, and thence carried by appeal before Clarice, J., and heard at Chambers January 2d,, 1874 The petition, praying the sale of six acres of land situate near the town of Beaufort, belonging to the estate of the late Jos. B. Outlaw, was filed June 8th, 1870, and regularly served on the defendants, interested as heirs at law. On the 2d of January, 1871, a decree of sale was obtained. January 16th, 1872, Wm. Gf. Brinson, public administrator of Craven county, files ■the following record of the Probate…
1Opinion of the CourtByhum, J.
At the common law, the Ordinary could repeal an administration at pleasure, but now, by statute, it cannot be revoted, except for just cause. 1 Williams on Executors, 509.
The. Judge of Probate here, by Art. IV, sec. 17, of the Constitution, is vested with the general jurisdiction and powers of the Ordinary, and with such additional powers as are conferred by our statutes. These statutory powers are contained in Bat. Rev. chap. 45, sec. 25, and chap. 119, sec. 36-’7-’S, and are in affirmance and enlargement of the common law jurisdiction, and are decisive of this ease. These sections of the…
2Cited by7 opinions
- In Re Administration on the Estate of BattleSupreme Court of North Carolina · 1912
- In Re the Will of CovingtonSupreme Court of North Carolina · 1960
- Edwards v. CobbSupreme Court of North Carolina · 1886
- Tulburt v. . HollarSupreme Court of North Carolina · 1889
- Simpson v. . JonesSupreme Court of North Carolina · 1880
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