Barnes v. . Brown
Supreme Court of North Carolina
Petition for the Removal of an Executor,, filed on the 24th of November, 1875, in the Probate Court of Robeson, and heard on appeal at Chambers, before McKoy, J. The petition states in substance that Reuben King died in March, 1869, leaving a last will and testament appointing the defendant his executor, who qualified in said month; his estate was amply sufficient to pay his debts ; the executor assented to and delivered legacies,. to'the legatees ; the plaintiffs recovered…
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Petition for the Removal of an Executor,, filed on the 24th of November, 1875, in the Probate Court of Robeson, and heard on appeal at Chambers, before McKoy, J. The petition states in substance that Reuben King died in March, 1869, leaving a last will and testament appointing the defendant his executor, who qualified in said month; his estate was amply sufficient to pay his debts ; the executor assented to and delivered legacies,. to'the legatees ; the plaintiffs recovered judgments against;thb ■ executor upon claims-•due them by the testator, which the defendant has refused to pay; the…
1Opinion of the CourtRodman, J.
The plaintiffs are creditors of Reuben King who since his death have recovered several judgments against the defendant as his executor.
They petitioned in the Probate Court for the removal of the defendant from his office as executor, and for the appointment of an administrator de bonis non, cum test, annex.
The grounds of their application are briefly these: 1st. The testator died in March, 1869, and in the' same month the defendant proved his will and qualified as executor. 2d. The executor has assented to and paid legacies, while debts were outstanding and unpaid. 3d. Defendant is a bankrupt…
2Cases cited2 opinions
- Hunt v. . SneedSupreme Court of North Carolina · 1870
- Neighbors v. . HamlinSupreme Court of North Carolina · 1878
3Cited by10 opinions
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
- In Re the Estate of GallowaySupreme Court of North Carolina · 1948
- Jones v. . PalmerSupreme Court of North Carolina · 1939
- Simpson v. . JonesSupreme Court of North Carolina · 1880
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