McLean v. . McLean
Supreme Court of North Carolina
Civil Action upon an administration bond, tried at Fall Term, 1882, of RobesoN Superior Court, before Shipp, J. The action was brought by the plaintiff as administrator de bonis non of D. H. McLean, against the defendant, as administrator of G. W. McLean, and the sureties upon his bond.
Read the full summary
Civil Action upon an administration bond, tried at Fall Term, 1882, of RobesoN Superior Court, before Shipp, J. The action was brought by the plaintiff as administrator de bonis non of D. H. McLean, against the defendant, as administrator of G. W. McLean, and the sureties upon his bond. The breach of the bond, assigned as the cause of action, is the nonpayment of a judgment obtained in the superior court at fall term, 1875, against the defendant, which is as follows: “It appearing by the complaint of the plaintiff that the defendant is justly due and indebted to the plaintiff in the sum of…
1Opinion of the CourtAshe, J.
The plaintiff insisted the judgment was de bonis testatoris, and the defendants contend it was de bonis propriis, and this is the only question presented for determination.
We are not furnished with a copy of the note sued on, but we infer from the pleadings and admissions that it was a bond signed by the defendant, A. A. McLean, as administrator.
As a general proposition of law, an administrator cannot make any contract to bind the estate of his intestate. If he gives his promissory note to pay a debt due by his intestate, it will be binding on him individually or not at all. If the note is…
2Cases cited2 opinions
- Kerchner v. . McRaeSupreme Court of North Carolina · 1879
- Hall v. . CraigeSupreme Court of North Carolina · 1871
3Cited by9 opinions
- Leroy v. Jacobosky.Supreme Court of North Carolina · 1904
- Thompson v. MannWest Virginia Supreme Court · 1909
- Snipes v. . MondsSupreme Court of North Carolina · 1925
- Wright v. Caney River Railway Co.Supreme Court of North Carolina · 1909
- Morehead Banking Co. v. MoreheadSupreme Court of North Carolina · 1895
4 more not listed; retrieve them via the Exa API.