Medlin v. . Simpson
Supreme Court of North Carolina
Special PROCEEDING for tbe settlement of tbe estate of Erwin Medlin, beard before Moore, J., and a jury, at February Term, 1906, of tbe Superior Court of UNION County. Erwin Medlin died in 1901, leaving a will in wbicb be appointed bis sons, Myers Medlin and John D Medlin, executors. His widow, Lydia P. Medlin, died in 1904, and Myers Medlin qualified as ber administrator.
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Special PROCEEDING for tbe settlement of tbe estate of Erwin Medlin, beard before Moore, J., and a jury, at February Term, 1906, of tbe Superior Court of UNION County. Erwin Medlin died in 1901, leaving a will in wbicb be appointed bis sons, Myers Medlin and John D Medlin, executors. His widow, Lydia P. Medlin, died in 1904, and Myers Medlin qualified as ber administrator. Under tbe will of Erwin Medlin all bis personal property went to bis widow, Lydia P. Medlin, during ber life or widowhood, and at ber death it was to be sold and tbe shares of tbe daughters first made equal to tbe shares…
1Opinion of the CourtClark, C. J.
It was certainly irregular for Myers Med-lin, as administrator of Lydia, to be one of the defendants in an action brought by Myers Medlin and J. D. Medlin, executors of Erwin Medlin. Myers Medlin, in both capacities, should have been placed on the same side. It was certainly still more unusual for Myers Medlin, administrator, as one of the defendants, to challenge a juror who had been passed by the plaintiffs, and over-the objection of the other defendants, who were content with the juror. Still it does not appear that their peremptory challenges were exhausted by the other defendants nor…
2Cases cited5 opinions
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- Ives v. RailroadSupreme Court of North Carolina · 1906
- State v. GoochSupreme Court of North Carolina · 1886
- State v. EllsworthSupreme Court of North Carolina · 1902
- Moore v. PalmerSupreme Court of North Carolina · 1903
3Cited by2 opinions
- Mintz v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1952
- State v. . HolderSupreme Court of North Carolina · 1903