Scott v. . Dunn
Supreme Court of North Carolina
The bill charged, that William Kooling the elder, by his last will and testament, whereof he appointed the defendant Dunn, and others, his executors, after directing all his just debts to be paid, devised a certain tract of land, in distinct parcels, to his two sons and five grandsons, the other defendants to the bill.
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The bill charged, that William Kooling the elder, by his last will and testament, whereof he appointed the defendant Dunn, and others, his executors, after directing all his just debts to be paid, devised a certain tract of land, in distinct parcels, to his two sons and five grandsons, the other defendants to the bill. That after thé death of the testator, the defendant Dunn alone proved the will, and finding that there was an insufficiency of personal assets to satisfy the debts of the testator, and believing that, by the will, the land devised was so charged with the payment thereof, as to…
1Opinion of the Court
Gaston, Judge.
There is no contest between the plaintiffs and the defendant Dunn, as to the money of the plaintiffs not paid over, and for this sum, they will of course, have a decree against him.
The claim of the plaintiffs to be substituted to the creditors, whose demands they have satisfied, is supported, we think, by well settled principles. By the laws of this state, real as well as personal property, is liable for debts of every description; but personal property is the primary fund, for their satisfaction. It is alleged, that the personal assets were insufficient for the discharge of all…
2Cited by6 opinions
- Journal Publishing Co. v. BarberSupreme Court of North Carolina · 1914
- Grantham v. . NunnSupreme Court of North Carolina · 1924
- Ray v. Atlanta Trust & Banking Co.Supreme Court of Georgia · 1917
- Trust Co. v. . GodwinSupreme Court of North Carolina · 1925
- Page Trust Co. v. GodwinSupreme Court of North Carolina · 1925
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