Brown v. . Wilson
Supreme Court of North Carolina
Appeal by plaintiff from Cline, J., at February Term, 1917, of Meck-LENBUKG. Tbis action was brought by the plaintiff in her own 'right against the executor of Joseph H. Wilson for a settlement of the guardianship of her mother, Ella R. Carson, and her mother’s sister, Richardine Carson, both long since dead.
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Appeal by plaintiff from Cline, J., at February Term, 1917, of Meck-LENBUKG. Tbis action was brought by the plaintiff in her own 'right against the executor of Joseph H. Wilson for a settlement of the guardianship of her mother, Ella R. Carson, and her mother’s sister, Richardine Carson, both long since dead. The complaint alleges that Joseph EL Wilson qualified as guardian of Ella R. Carson and sister, Richardine, at October Term, 1856, and that he failed to file any final account as to Ella R. and filed only a partial final account as guardian of her sister. It is also alleged that at…
1Opinion of the CourtClark, C. J.
An action for any funds in the hands of the guardian of Ella R. Carson and of her sister Richardine which said guardian is alleged to have received as a distributive share from the estate of the father of said wards can be maintained only by the personal representatives of said wards. Goodman v. Goodman, 72 N. C., 508; Merrill v. Merrill, 92 N. C., 665.
The complaint does not allege that the proceeds of the sale of the real estate belonging to said ward came into the hands of said guardian, and the plaintiff having expressed her inability to amend the complaint to so aver, the demurrer was…
2Cases cited6 opinions
- Benbow v. . MooreSupreme Court of North Carolina · 1894
- Proctor v. . FerebeeSupreme Court of North Carolina · 1840
- State Ex Rel . Goodman v. . Goodman, Ex'r. .Supreme Court of North Carolina · 1875
- Brothers v. CartwrightSupreme Court of North Carolina · 1855
- Smith v. . McCrarySupreme Court of North Carolina · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McIver v. . McKinneySupreme Court of North Carolina · 1922
- Spivey v. GodfreySupreme Court of North Carolina · 1963
- Seagle v. . HarrisSupreme Court of North Carolina · 1938
- Eb Bryson v. Irby TurnbullSupreme Court of Virginia · 1953
- Stewart v. WallCourt of Appeals for the Fourth Circuit · 1937
2 more not listed; retrieve them via the Exa API.