Daniel v. . Bellamy
Supreme Court of North Carolina
Special Proceeding for an account, heard on appeal at January Special Terra, 1884, of New- HaNOVer Superior Court, before Gilmer, J. This proceeding was begun on the 7th day of July, 1878, in the probate court of New Hanover county.
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Special Proceeding for an account, heard on appeal at January Special Terra, 1884, of New- HaNOVer Superior Court, before Gilmer, J. This proceeding was begun on the 7th day of July, 1878, in the probate court of New Hanover county. It is alleged that Daniel L. Russell died in the year 1871, leaving a last will and testament, in which he appointed the defendants executors thereof; that said will was duly proved and the defendants qualified as such executors; that the plaintiffs are creditors of the testator, and this proceeding is brought by the plaintiffs on behalf of themselves and all…
1Opinion of the Court
Merrimon, J:,
after stating the case. We are of opinion that both the court of probate and superior court misapprehended the proper course that ought to have been pursued in the former court, where the defendants moved to dismiss the action for want of jurisdiction.
It seems, that pending this action, the probate of the will of the testator'of the defendants was “revoked and annulled ” by the court of probate, and the defendants desired to avail themselves of the action of the court in that res pect. In order to do this, they ought to have made a motion for leave to amend their answer and…
2Cases cited2 opinions
- Rowland v. . ThompsonSupreme Court of North Carolina · 1870
- King v. KinseySupreme Court of North Carolina · 1874
3Cited by8 opinions
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- Elgin v. Gross-Kelly & Co.New Mexico Supreme Court · 1915
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