Helme v. . Sanders
Supreme Court of North Carolina
> From Johnston. Dr: nr upon a judgment quando, suggesting & devasta-vit in John Sanders as thp executor of Ellick Sanders} tried before Daniel, Judge. The suit was originally brought against John Sanders, and after his death, the present defendant, Ms administrator, was brought in by sci.fa.
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> From Johnston. Dr: nr upon a judgment quando, suggesting & devasta-vit in John Sanders as thp executor of Ellick Sanders} tried before Daniel, Judge. The suit was originally brought against John Sanders, and after his death, the present defendant, Ms administrator, was brought in by sci.fa. On the trial, the plaintiff produced in evidence a judgment quando acciderint in Johnston County Court, May term, 1817, in favour of the present plaintiff, against John Sanders as executor of Ellick Sanders, for $ 127 31. To prove a devastavit, he then offered the inventory returned by John Sanders as…
1Opinion
The law of the domicil of the owner governs the transfer and transmissionab intestato of goods. A will, therefore, made according to the forms of that domicil passes such property wheresoever it may be situated; and if proven in the courts of that country, when offered in evidence in a foreign country, proof is not gone into of the execution of the will, but only of the probate. Such foreign probate, therefore, authorizes the executor to receive debts, take into his possession the property of his testator, and to do all acts appertaining to his office, except sustaining the character of an…
2Cases cited4 opinions
- Grant v. . ReeseSupreme Court of North Carolina · 1886
- Hyman v. . GaskinsSupreme Court of North Carolina · 1844
- Moody v. . JohnsonSupreme Court of North Carolina · 1893
- Governor Ex Rel. Lamb v. WilliamsSupreme Court of North Carolina · 1842