Legal Opinion

Farmville Oil & Fertilizer Co. v. Bourne

Supreme Court of North Carolina

Decided November 1, 1933PublishedCited by 4 opinions

1Opinion of the CourtAdams, J.

Tbe order in which the debts of a decedent must be paid is prescribed by section 93 of the Consolidated Statutes. Recognizing priority of classes, this statute provides for the administration of assets for the benefit of all the creditors according to definite and established rules. Trust Co. v. Lentz, 196 N. C., 398; Bowen v. Daugherty, 168 N. C., 242; Atkinson v. Ricks, 140 N. C., 418. It is founded on the theory that the question of priority among claims shall be determined upon the facts as they exist at the death of the debtor. Tarboro v. Pender, 153 N. C., 421.

The first class in section…

2Cases cited6 opinions

  1. Bowen v. . DaughertySupreme Court of North Carolina · 1915
  2. First Security Trust Co. v. LentzSupreme Court of North Carolina · 1928
  3. State Ex Rel. Pate v. OliverSupreme Court of North Carolina · 1889
  4. Atkinson v. Ricks.Supreme Court of North Carolina · 1906
  5. Smith v. MillerSupreme Court of North Carolina · 1911

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Rigsbee v. . BrogdenSupreme Court of North Carolina · 1936
  2. Guilford County v. Estates Administration, Inc.Supreme Court of North Carolina · 1938
  3. Rierson v. . HansonSupreme Court of North Carolina · 1937
  4. City of Durham v. HicksCourt of Appeals of North Carolina · 1999

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