Varner v. . Johnston
Supreme Court of North Carolina
(’mu ACTION bv (J. M.: Varner, administrator of W. S. Steel and also of J. H. Steel, -deceased, against N. Johnston administrator of Sarah Jamison, to recover the intestate’s share of the proceeds of the sale of a slave sold under the provisions of the will of defendant’s testratrix for distribution among her grandchildren. Isabella Gallamoro also claimed the fund, and was made a party plaintiff on her motion.
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(’mu ACTION bv (J. M.: Varner, administrator of W. S. Steel and also of J. H. Steel, -deceased, against N. Johnston administrator of Sarah Jamison, to recover the intestate’s share of the proceeds of the sale of a slave sold under the provisions of the will of defendant’s testratrix for distribution among her grandchildren. Isabella Gallamoro also claimed the fund, and was made a party plaintiff on her motion. The cause was referred to J. C. Gibson, Esq., whose report was excepted to by plaintiff Gallamoro and by the defendants, hut was in all other respects confirmed by his Honor Mclver, J.,…
1Opinion of the Court
Burwell, J.:
Sarah Jamison died in Cabarrus county in 1855. She named no executor of her will, which was admitted to probato in “common form ” in October of that year. W. W. Rankin was duly appointed administrator cum testamento annexo of her estate, and died without having fully administered his trust. J. C. Cannon was then appointed administrator de bonis non, c. t. a., and in 1864, as such administrator, be sold a slave called Green, on credit, and after 1865 he collected on account of -said sale the net sum of $725.1)4, the proceeds of the sale of the slave. One-half of this fund was paid…
2Cases cited3 opinions
- Mobley v. . WattsSupreme Court of North Carolina · 1887
- Hampton v. . HardinSupreme Court of North Carolina · 1883
- Sigmon v. . HawnSupreme Court of North Carolina · 1882
3Cited by12 opinions
- Holt v. HoltSupreme Court of North Carolina · 1950
- Starnes v. . ThompsonSupreme Court of North Carolina · 1917
- Edwards v. . WhiteSupreme Court of North Carolina · 1920
- Rollins v. . WickerSupreme Court of North Carolina · 1911
- Branch Banking & Trust Co. v. WhitfieldSupreme Court of North Carolina · 1953
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