Alexander v. . Fox
Supreme Court of North Carolina
Cause removed from tlie Court of Equity of Mecklenburg, at tbe Spring Term, 1854. Doctor Stephen Fowl died in tbe County of Mecklenburg, having made and published his last will and testament, in which tbe plaintiffs were appointed executors.
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Cause removed from tlie Court of Equity of Mecklenburg, at tbe Spring Term, 1854. Doctor Stephen Fowl died in tbe County of Mecklenburg, having made and published his last will and testament, in which tbe plaintiffs were appointed executors. Amongst var rious other dispositions, he devised and bequeathed a “ certain tract of land called, the hermitage, and a small tract near the town of Charlotte: a crop of cotton on hand; such debts as were owing to him, and all his unwilled personal property as a fund for the payment of his debts,” and he gives it as his opinion, in making this disposition,…
1Opinion of the CourtPeaesoN, J.
If an executor assents to the legacies and per7 mits tbe property of the estate to pass out of his hands, without taking' refunding bonds, or retaining funds sufficient for the payment of the debts, and is afterwards compelled to advance his own funds to discharge them, it does not follow as of course, that he may come into a Court of Equity to have the amount refunded by the legatees, on the ground that he was mistaken: Por, it was his duty to keep regular accounts and to take care to retain assets enough to pay the debts; and to allow him to recover from the legatees, after he has permitted…
2Cited by1 opinion
- Sprinkle v. . HoltonSupreme Court of North Carolina · 1907