Lilly v. . Wooley
Supreme Court of North Carolina
Civil action, in the nature of a creditor’s bill, tried before MaoRae, Judge, at Spring Term, 1884, of the Superior Court of MONTGOMERY county.
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Civil action, in the nature of a creditor’s bill, tried before MaoRae, Judge, at Spring Term, 1884, of the Superior Court of MONTGOMERY county. This is an action, in the nature of a creditor’s bill under the former practice, was commenced on August 11, 1877, and is prosecuted to subject the personal estate of the intestate, William P. McRae, in the hands of the defendant C. W. Wooley, his administrator, if sufficient can be found, and if not, the lands descended to the heirs-at-law, who are also defendants, to the extent of an ascertained deficiency, to the payment of his debts. The complaint…
1Opinion of the CourtSmith, C. J.
(after stating the facts). It is a well understood rule in the administration of the estate of a deceased debtor, that his'personal property must be first applied and exhausted, and the residue only of unpaid liabilities, can be satisfied out of his real property. If the representative into whose hands the personal effects come, make a distribution among the legatees or next of kin, he is personally answerable therefor to the creditors. Bland v. Hartsoe, 65 N. C., 204.
If the assets are wasted or misapplied, and the representative removed for misconduct, his successor, administering de bonis…
2Cases cited4 opinions
- Latham v. . BellSupreme Court of North Carolina · 1873
- Hinton v. . WhitehurstSupreme Court of North Carolina · 1874
- Bland v. . HartsoeSupreme Court of North Carolina · 1871
- Carlton v. ByersSupreme Court of North Carolina · 1874
3Cited by8 opinions
- Lee v. . McKoySupreme Court of North Carolina · 1896
- Alston v. . HawkinsSupreme Court of North Carolina · 1890
- Syme v. . BadgerSupreme Court of North Carolina · 1887
- Brittain v. . DicksonSupreme Court of North Carolina · 1889
- Brown v. . McKeeSupreme Court of North Carolina · 1891
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