Legal Opinion

Lowery v. . Perry

Supreme Court of North Carolina

Decided October 5, 1881Published

Civil Action, tried on appeal at "Spring Term, 1881, of Wake Superior Court, before Schenck, J. This action commenced in a justice’s court, the defendant being summoned to answer thp plaintiff’s complaint “ for the non-payment of the sum of $68.50 due by account.”

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Civil Action, tried on appeal at "Spring Term, 1881, of Wake Superior Court, before Schenck, J. This action commenced in a justice’s court, the defendant being summoned to answer thp plaintiff’s complaint “ for the non-payment of the sum of $68.50 due by account.” Before the justice the pleadings were oral — the complaint being for the non-payment of “ $68.50 overpaid to defendant as a distributee in the estate of their intestate, William Geoplin, as evidenced by- a refunding bond.” The defendant at first demurred, but upon his demurrer being overruled, answered, denying the debt, setting up…

1Opinion of the CourtRuffin, J.

We think His Hod op-did' sight in overruling-the demurrer.

1. An administrator who- voluntarily distributes- the estate amongst the next of kin ©f his intestate, can not require* them to refund unless he- alleges and proves-th-e existence of some special circumstances, such as aequit him o-f all blame and imputation of negligence, and may enable a court of equity to see tha-t it is- not consistent with the dictates of & good conscience that the loss should fall ©n him-.. He is required to be faithful, diligent and discreet.. Bu-t that he-should demand, when» about to make-distribution,…

2Cases cited1 opinion

  1. Bumpass v. . ChambersSupreme Court of North Carolina · 1877

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