Mayo v. . Jones
Supreme Court of North Carolina
Appeal from an Order made at Spring Term, 1877, of Edgecombe Superior Court, before Lure,• J. The plaintiffs, propounders of the will of Me. G-. Jones, deceased, appealed from so much of the judgment as directs the costs of action to be paid by the administrator with the will annexed out of the assets of the testator’s estate, upon the ground that the Court had no power to render such judgment. (See preceding case).
1Opinion of the CourtReade, J.
His Honor ordered the cost to be paid by the plaintiff executor out of the funds of the estate, although the plaintiff was successful in establishing the will which the defendant caveated. In this we think His Honor was right.
The statute provides that the costs in all cases of caveated wills and testaments shall be paid as the Court may in its discretion direct. Bat. Rev. ch. 119, § 26.
But it is insisted that that statute is virtually abrogated by C. C. P. § § 276 and 294. § 276 provides that “ costs shall ■be allowed of course to the plaintiff upon a recovery in the following cases.” And…
2Cited by4 opinions
- In Re Will of HargroveSupreme Court of North Carolina · 1934
- In Re Account of WinstonSupreme Court of North Carolina · 1916
- In re the Will of RidgeCourt of Appeals of North Carolina · 1980
- Dyer v. StateCourt of Appeals of North Carolina · 1991