Legal Opinion

Neagle v. . Hall

Supreme Court of North Carolina

Decided September 5, 1894Published

Civil ACTION, beard upon complaint and demurrer before Boykin, J., at Spring Term, 1894, of GastoN Superior Court. The demurrer was sustained, and plaintiff appealed. The facts are stated in the opinion of Associate Justice Buewell.

1Opinion of the Court

Bukwell, J.:

The defendants are the executors of the will of James D. Hall. He was the administrator of the estate of J. B. Neagle, who died in 1865, and, as such administrator, under an order of the Court duly obtained, he sold the lands of his intestate to make assets to pay debts. This wras done in 1866. He used, it is alleged, only a part of the proceeds of the sale of this realty in the payment of debts, and died in 1892 .without having filed any final account of his administration of said estate, and having in his hands about $2,720 of said proceeds of sale of land.

The plaintiff avers…

2Cases cited4 opinions

  1. Merrill v. . MerrillSupreme Court of North Carolina · 1885
  2. Lansdell v. . WinsteadSupreme Court of North Carolina · 1877
  3. Ham v. . KornegaySupreme Court of North Carolina · 1881
  4. Alexander v. Wolfe's ExecutorsSupreme Court of North Carolina · 1883

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