Legal Opinion

Cannon v. . Jenkins

Supreme Court of North Carolina

Decided June 5, 1830PublishedCited by 5 opinions

From Pitt. The Plaintiffs, who were the legatees of Willie Canonnn, alleged, that the said Cannon died, having published his will, which was pioved by the intestate Charles Jenkins, to whom letters of administration with the annexed, issued, the executor therein appointed having renounced : That directly after the issuing of the letters of administration, the administrator, under the pretence of executing the will, hut with an intention offraudulcutly making a profit to…

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From Pitt. The Plaintiffs, who were the legatees of Willie Canonnn, alleged, that the said Cannon died, having published his will, which was pioved by the intestate Charles Jenkins, to whom letters of administration with the annexed, issued, the executor therein appointed having renounced : That directly after the issuing of the letters of administration, the administrator, under the pretence of executing the will, hut with an intention offraudulcutly making a profit to himself, advertised four young ne-groes, viz. Jacob, Phil, Tom and Sam, who were directed by the will to he sold upon a…

1Opinion of the Court

Ruffin, Judge.

— The bill is framed upon the rule in Ryden v. Jones (1 Hawks 497) and moreover charges an actual fraud in the purchase by Jenkins at under value, by means of a sale of all the negroes in a lump, on ten' days credit. The doctrine of that and similar cases is recognized throughout. An executor buys at his own risk ; and no matter how openly, nor for how full price, he holds purely at the election of the legatee. Nor could this case be distinguished from those, by the introduction of Rountree, as a third person, provided he purchased in conjunction with the administrator. He who…

Also in this document: Per curiam.

2Cited by5 opinions

  1. Felton v. . FeltonSupreme Court of North Carolina · 1938
  2. Whitaker v. Whitaker Iron Co.District Court, N.D. West Virginia · 1916
  3. Williams v. CobbCourt of Appeals for the Second Circuit · 1914
  4. Blanchard v. . McLaughanSupreme Court of North Carolina · 1816
  5. Britton v. . BrowneSupreme Court of North Carolina · 1816

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