Legal Opinion

Southal v. . Shields

Supreme Court of North Carolina

Decided June 5, 1879PublishedCited by 8 opinions

Special Proceeding tried on appeal at Spring Term, 1877, of Northampton Superior Court before Buxton, J. This proceeding was commenced in the probate court on behalf of the feme plaintiff against the defendant for an account of the administration of the estate of B. G. Clark, deceased. The case is fully stated by Mr. Justice Dillard in delivering the opinion.

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Special Proceeding tried on appeal at Spring Term, 1877, of Northampton Superior Court before Buxton, J. This proceeding was commenced in the probate court on behalf of the feme plaintiff against the defendant for an account of the administration of the estate of B. G. Clark, deceased. The case is fully stated by Mr. Justice Dillard in delivering the opinion. The court below overruled the exceptions to the account as stated, and gave judgment accordingly, from which the defendant appealed.

1Opinion of the CourtDillard, J.

The testator of the defendant departed this life in Virginia, in the year 1872, leaving a last will and testament, which was recorded in that state. A duly certified copy of said will was afterwards regularly admitted to record in Northampton county by the judge of probate, and the defendant, W. H. Shields, was appointed and .qualified as administrator with the will .annexed according to law. The feme plaintiff was the legatee and devisee of the entire estate of the testator, B. G. Clark, and she and her husband,, on the 26th of April, 1875, instituted a special proceeding-in the probate…

2Cases cited1 opinion

  1. Hallett & Davis v. HallettNew York Court of Chancery · 1829

3Cited by8 opinions

  1. McNeill v. . HodgesSupreme Court of North Carolina · 1890
  2. W. F. Kornegay & Co. v. Farmers & Merchants' Steamboat Co.Supreme Court of North Carolina · 1890
  3. Pegram v. . ArmstrongSupreme Court of North Carolina · 1880
  4. Currie v. MalloySupreme Court of North Carolina · 1923
  5. Glover v. . FlowersSupreme Court of North Carolina · 1888

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