Kincaid v. . Beatty
Supreme Court of North Carolina
This is a civil ACTION which was heard by McRae, Judge, upon exceptions to a referee’s report, at Fall Term, 1887, of GastoN Superior Court. The defendants, other than those representing the shares of the devisees Caroline and Elmina, appealed from the judgment of the Court. The facts are fully stated in the opinion.
1Opinion of the CourtSmith, C. J.
This action is brought by the plaintiff as administrator de bonis non cum testamento annexo of Samuel Beatty, against the defendants, who claims as devisees and legatees, or as representing such as have died, for advice as to the settlement of the trust estate, and in order thereto, for a construction of the testator’s will, and a declaration of the rights of the parties under it. For no other purpose could -the action be entertained, and so much set out in the complaint as seeks a partition and sale of the land devised, and would, if objection were made to the introduction of this .element…
2Cases cited2 opinions
- Alsbrook v. . ReidSupreme Court of North Carolina · 1883
- Howerton v. . HendersonSupreme Court of North Carolina · 1883
3Cited by1 opinion
- Weeks v. Quinn.Supreme Court of North Carolina · 1904