Murchison's Executors v. Whitted
Supreme Court of North Carolina
Special Proceeding begun in the probate court, and tried at Spring Term, 1882, of Bladen Superior Court, before Shipp, J. The proceeding was instituted to compel the defendant, Whitted, as administrator de bonis non with the will annexed of Isaac Wright, deceased, to sell certain lands which had been devised by the testator, to make assets for the payment of debts.
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Special Proceeding begun in the probate court, and tried at Spring Term, 1882, of Bladen Superior Court, before Shipp, J. The proceeding was instituted to compel the defendant, Whitted, as administrator de bonis non with the will annexed of Isaac Wright, deceased, to sell certain lands which had been devised by the testator, to make assets for the payment of debts. The petition was filed by the plaintiffs, as executors of D. Murchison, deceased, who had obtained a large judgment ■against Hugh A. Monroe, as administrator with the will annexed of said Isaac Wright who died in 1865. Monroe was…
1Opinion of the CourtAshe, J.
The first question raised by the defendant’s exceptions is, was there error in His Honor’s ruling, that the devisees under the will of Tsaac Wright took an estate de-feasible upon their death without issue, substantially a life estate, and that upon the death of all the devisees, without issue, except W. C. Monroe, the whole estate survived to him.
In our opinion, this ruling is erroneous. The will of Isaac Wright was proved, and administration taken on his estate prior to the act of 1869 ; and the act of 1868-9 (Bat. Rev., ch. 46, § 156) does not apply. The estate is to be dealt with and…
2Cases cited2 opinions
- Badger v. . DanielSupreme Court of North Carolina · 1878
- Davis v. . Parker .Supreme Court of North Carolina · 1873
3Cited by14 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Rowland v. . RowlandSupreme Court of North Carolina · 1885
- Patterson v. McCormickSupreme Court of North Carolina · 1919
- Galloway v. . CarterSupreme Court of North Carolina · 1888
- Sain v. Baker.Supreme Court of North Carolina · 1901
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