Donnell v. . Cooke and Others
Supreme Court of North Carolina
Bill, set for hearing upon pleadings and proofs at Spring 'Term 1868, of the Court of Equity for Guilford, and at Fall Term transmitted to this Court.
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Bill, set for hearing upon pleadings and proofs at Spring 'Term 1868, of the Court of Equity for Guilford, and at Fall Term transmitted to this Court. The bill (filed in 1861) alleged that the plaintiff, as administrator of John Rhodes, had amongst other things, paid over, •some years before, to the defendants, as distributees, the residue of the personal estate of his intestate; that in 1846 his intestate had been guardian of certain infants named Witty, and as such had charged himself with $680 as due to them, and plaintiff in 1850 and 1851, before completing his administration, paid to one…
1Opinion of the CourtPeaesoN, C. J.
An "administrator who hands over the? residue of the estate to the distributees, has no equity to call upon them to refund, on the ground that he afterwards pays a. debt of the intestate, of which he had no notice at the time lie-handed over the estate; unless he alleges and prov.es special circumstances, showing that he was in no default, and relievinghim from the imputation of negligence. This rule rests on two grounds — it is the duty of an administrator to make-diligent inquiry as to the debts of his intestate, so that when he hands over the surplus, he can settle the estate, and not…
2Cited by3 opinions
- Lyle v. . SilerSupreme Court of North Carolina · 1889
- Spivey v. . JonesSupreme Court of North Carolina · 1880
- Bumpass v. . ChambersSupreme Court of North Carolina · 1877