Neal v. . Becknell
Supreme Court of North Carolina
Appeal from an order made at Spring Term, 1881, of WilKes- Superior Court, by Seymour, J. This is an appeal from an interlocutory order of the superior court, directing an account to be taken of the administration of the estate of Rachel Stokes-, which came, 'or ought to have come, to the hands of Jacob Fraley, the administrator de bonis■ non thereof. The defendants are the sureties on the bond given by the said Fraley as such administrator.
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Appeal from an order made at Spring Term, 1881, of WilKes- Superior Court, by Seymour, J. This is an appeal from an interlocutory order of the superior court, directing an account to be taken of the administration of the estate of Rachel Stokes-, which came, 'or ought to have come, to the hands of Jacob Fraley, the administrator de bonis■ non thereof. The defendants are the sureties on the bond given by the said Fraley as such administrator. The letters of administration were granted to said Fraley in the fall of 1862, and on the 21st of November, in that year, be sold personal property…
1Opinion of the Court
RuettiN, J,
In their argument here, the defendants’7 counsel did not strenuously insist upon the point that the’ bond sued on was rendered void, by reason of the subsequent revpcation of the letters-of administration granted to Fraley isa 1362, but still; they did nut abandon it, and thereby imposed upon us the duty of determining it.
If any authority is needed in regard to it, the case of Smith v. Collier, 3 Dev.& Bat. 65,is directly in point. There, it was held that the bond given by an administrator, whose appointment was subsequently revoked and another appointed in his stead, might be sued…
2Cases cited1 opinion
- Atlantic, Tennessee & Ohio Railroad v. MorrisonSupreme Court of North Carolina · 1880
3Cited by10 opinions
- Bank of Tarboro v. Fidelity & Deposit Co.Supreme Court of North Carolina · 1900
- Smith v. City of GoldsboroSupreme Court of North Carolina · 1897
- Grant v. . HughesSupreme Court of North Carolina · 1887
- Royster v. . WrightSupreme Court of North Carolina · 1896
- Solon Lodge No. 9 Knights of Pythias Co. v. Ionic Lodge Free Ancient & Accepted Masons No. 72 Co.Supreme Court of North Carolina · 1957
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