Stack v. . Williams
Supreme Court of North Carolina
Cause removed from the Court of Equity of TTnioii County. Abram "Williams, tbe intestate of the plaintiffs’ intestate, conveyed in fee simple by deed of bargain and- sale, a tract of land lying in Chesterfield District, in the State of South Carolina, to one Christopher Dees, with a covenant of qttiet enjoyment.
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Cause removed from the Court of Equity of TTnioii County. Abram "Williams, tbe intestate of the plaintiffs’ intestate, conveyed in fee simple by deed of bargain and- sale, a tract of land lying in Chesterfield District, in the State of South Carolina, to one Christopher Dees, with a covenant of qttiet enjoyment. Afterwards, certain parties in the State of South Carolina, set up title to a part of the premises so conveyed, and instituted an action in that State against the said Dees for the recovery of the same. Previously to the institution of this suit, having received information that it…
1Opinion of the CourtBattle, J.
An executor or administrator who parts with all the assets of his testator or intestate by the payment of legacies, or by a distribution among the next of kin, without taking refunding bonds, and afterwards is compelled to pay an outstanding debt out of his own funds, is not entitled, as a matter of course, to relief in Equity. It is his duty to keep regular accounts, and to retain the assets, or at least a sufficiency of them, in his hands, until all the known or apprehend ed debts are paid, and, even then, to take from the legatees, or next of kin, to whom be delivers over the residue of…
2Cited by1 opinion
- Badger v. . DanielSupreme Court of North Carolina · 1878