Neighbors v. . Hamlin
Supreme Court of North Carolina
APPLICATION o£ the plaintiff to require the defendant as-executor of B. J. Crawley to give bond, beard at Eall Term,. 1877, of Randolph Superior Court, before Buxton, J. This proceeding was commenced before the Clerk of said Court upon an affidavit of the plaintiff,to the effect that the defendant’s testator was indebted to him in a certain sum, and that by reason of the alleged insolvency, of the defendant, and the fact that he had given no bond for the. faithful…
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APPLICATION o£ the plaintiff to require the defendant as-executor of B. J. Crawley to give bond, beard at Eall Term,. 1877, of Randolph Superior Court, before Buxton, J. This proceeding was commenced before the Clerk of said Court upon an affidavit of the plaintiff,to the effect that the defendant’s testator was indebted to him in a certain sum, and that by reason of the alleged insolvency, of the defendant, and the fact that he had given no bond for the. faithful performance of his duties as executor, the plaintiff" was in danger of losing his debt by a misapplication of the proceeds of sale…
1Opinion of the CourtFaircloth, J.
If an executor becomes insolvent after the death of the testator, or if his insolvency was unknown to the testator before his death, or if he is a non-resident, or if he applies the funds of the estate to his own use, or if he eon-verts his own property into money, notes, &c., and thereby produces a reasonable doubt in regard to the safety of the estate, or if his character and business habits shall become worse after the death of the testator and thereby such a doubt is produced, or if by his negligence the safety of the property of the estate is jeopardized; in these and like instances it…
2Cited by4 opinions
- Barnes v. . BrownSupreme Court of North Carolina · 1878
- Camp v. . PittmanSupreme Court of North Carolina · 1884
- Fox v. KeisterDarke County Court of Common Pleas · 1899
- Wilkins v. . HarrisSupreme Court of North Carolina · 1864