Plummer v. . Brandon
Supreme Court of North Carolina
This case came on to be heard upon the exceptions to the report of the master, to whom it had been referred to take an account, &c. The nature of the exceptions will be seen in the opinion of the Court. Francis Locke, by his will, devised to Esther Pinxston, during her life, certain shares of Stock upon the State Bank of North Carolina, and after her death to her children.
Read the full summary
This case came on to be heard upon the exceptions to the report of the master, to whom it had been referred to take an account, &c. The nature of the exceptions will be seen in the opinion of the Court. Francis Locke, by his will, devised to Esther Pinxston, during her life, certain shares of Stock upon the State Bank of North Carolina, and after her death to her children. Dr. Scott, the executor took said fund into his possession — and regularly received and paid the dividends over to the legatee up to the time of his death in the year 1838. Dr. Scott went to the State of Tennesse for the…
1Opinion of the CourtNash, J.
The first exception is that there was no legal evidence that Dr. Scott had removed to Tennessee. The master has made no specific report upon this enquiry, and, if he intended so to do, it is to he gathered from the report on the subject of the administration granted in Tennessee. If his intention was so to report, on that-point, the exception is sustained, for both the reasons as signed in the exception. There is no evidence that such was the fact and it is contradicted by the answer. Upon this subject the testimony of Mr. Stirwalt is decisive. He states that when Dr. Scott started for…
2Cases cited1 opinion
- Fenwick v. Sears's AdministratorsSupreme Court of the United States · 1803
3Cited by5 opinions
- Reynolds v. Lloyd Cotton MillsSupreme Court of North Carolina · 1919
- Fulton v. . RobertsSupreme Court of North Carolina · 1893
- In Re the Will of EllisSupreme Court of North Carolina · 1924
- Butts v. . PriceSupreme Court of North Carolina · 1800
- Whit v. . RaySupreme Court of North Carolina · 1843