Wiley Ex'r. v. . Wiley and Others
Supreme Court of North Carolina
Bill to convert real estate into assets to pay debts, filed to Fall Term 1867 of the Court of Equity for Caswell, and at Spring Term 1868, set down for argument upon demurrer, and transferred to this Court.
Read the full summary
Bill to convert real estate into assets to pay debts, filed to Fall Term 1867 of the Court of Equity for Caswell, and at Spring Term 1868, set down for argument upon demurrer, and transferred to this Court. The bill alleged that one Alexander Wiley died in Caswell county in 1861, leaving a will by which he disposed of a large-» amount of real and personal estate, and appointed the plaintiff, Franklin A. Wiley executor, giving him power to sell, for the purpose of paying debts, such parts of the realty or personalty as he might choose; that the said Franklin qualified as executor, and made…
1Opinion of the CourtReade, J.
The scope of the bill is to have a decree to ■enable the plaintiff, as executor, to sell the real estate to pay ■•debts, the personal estate being, as is suggested, exhausted.
There are several reasons why the plaintiff should not have -the relief which he seeks.
1. It is not alleged in the bill that the personal estate is exhausted. The allegation is, that he made “ two sales of perishable property; such as was not embraced in the bequests to the widow.” There was considerable personal property bequeathed to the widow, which was subject to sale to pay debts, and the executor admits that he has…
2Cited by3 opinions
- Shields v. . McDowellSupreme Court of North Carolina · 1880
- Blount v. . PritchardSupreme Court of North Carolina · 1883
- Kerns v. . WallaceSupreme Court of North Carolina · 1870