Peyton v. Smith
Supreme Court of North Carolina
William Smith, formerly of Warren county, departed this life in the month of July, 1818, having first duly executed his last will and testament, whereof he appointed John R. Eaton, Charles Baskerville, William Baskervilie, and his brothers, Alexander Smith and Maurice Smith, executors.
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William Smith, formerly of Warren county, departed this life in the month of July, 1818, having first duly executed his last will and testament, whereof he appointed John R. Eaton, Charles Baskerville, William Baskervilie, and his brothers, Alexander Smith and Maurice Smith, executors. The will was duly admitted to probate; and all the other persons nominated as executors having refused the office, at the November term, 1818, of Warren county, Maurice Smith qualified as executor thereto. By the said will, the testator devised and bequeathed as follows: “ I give aud bequeath unto my daughter,…
1Opinion of the Court
Gaston, Judge,
after stating the case as above, proceeded as follows: The principal controversy in this case is, whether Maurice Smith ought to be charged, in account, with the estates confided to his management, with interest — and if so, from what time — upon what sums — and whether with simple or compound interest. These questions, are presented by the pleadings — and also arise upon the exceptions — and when they are determined, there will probably be but little difficulty in making a full settlement between the parties. Nothing can be clearer, in point of principle, than the eral rule,…
2Cited by2 opinions
- Battery Park Bank v. Western Carolina BankSupreme Court of North Carolina · 1900
- Lightner v. . BooneSupreme Court of North Carolina · 1942