Hutchison v. . Roberts
Supreme Court of North Carolina
Civil Action, tried before Logan, J., at Spring Terra, 1872, ot Mecklenburg Court. The plaintiff's allege, that Joel H. Jenkins died in the County of Rowan in the year 1859, having made and published bis last will and testament, which was admitted to probate in 1860, and that the defendants, Roberts and Davis, were appointed and qualified as executors ; That at bis death tbe testator left several children, Elizabeth, who intermarried with plaintiff Hutchinson, Ella, who…
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Civil Action, tried before Logan, J., at Spring Terra, 1872, ot Mecklenburg Court. The plaintiff's allege, that Joel H. Jenkins died in the County of Rowan in the year 1859, having made and published bis last will and testament, which was admitted to probate in 1860, and that the defendants, Roberts and Davis, were appointed and qualified as executors ; That at bis death tbe testator left several children, Elizabeth, who intermarried with plaintiff Hutchinson, Ella, who intermarried with plaintiff Burwell, Sarah, who intermarried with J. II. McAden, Charlotte, John II., and Thomas; That…
1Opinion of the Court
Eisarson,..C. J..
It i» manifest by a perusal of tbe complaint,, that the primary and aM-im-po-rtent thing which- must be‘don© in the first instance, before the other matter in respect to th© trust for the femes plaintiffs can be dealt with, is to - have an account and settlement of the estate-of the testator;. for this purpose-all of the proper parties are joined,, and the only di'ff ficulty is,, that the: proceeding was commenced before the Judge of the Superior Court .in- term time, an-d not before the Judge of Probate ^ so the proceeding is e&ram non Judies. This is settled. Hunt v. Sneed,…
2Cases cited2 opinions
- Hunt v. . SneedSupreme Court of North Carolina · 1870
- W. J. Sprinkle v. . E. Nye HutchinsonSupreme Court of North Carolina · 1872
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- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925