Summers v. . Reynolds
Supreme Court of North Carolina
Civil actioít, heard upon exceptions to the report of a referee, before Boylcin, Judge, at August Term, 1886, of Ire-dell Superior Court. William H. Watts died, in the m.onth of June, 1863, leaving a considerable estate, real and personal, and having made a will, which at August Term ensuing of Iredell county County Court, was admitted to probate, and the plaintiff, Charles L. Summers, nominated therein sole executor, was qualified as such by taking the prescribed oath.
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Civil actioít, heard upon exceptions to the report of a referee, before Boylcin, Judge, at August Term, 1886, of Ire-dell Superior Court. William H. Watts died, in the m.onth of June, 1863, leaving a considerable estate, real and personal, and having made a will, which at August Term ensuing of Iredell county County Court, was admitted to probate, and the plaintiff, Charles L. Summers, nominated therein sole executor, was qualified as such by taking the prescribed oath. The testator, in the first clause of the will, devises to Phillip and Eliza Shuford, and the survivor of them, the tract of…
1Opinion of the CourtSmith, C. J.
(after stating the facts):
I. The circumstances attending the sale of the house and lot in Statesville, the plaintiff’s answer to inquiries from persons intending to bid as to what currency payment would be required to be made in, which prevented them from bidding, and the private arrangement between himself and partner, H. B. Reese, to buy in the property for themselves, carried into effect through the agency of Boger, so strongly mark the mala fides with which the sale was conducted, and the utter disregard of fiduciary duty on the part of the plaintiff, as to fully warrant the ruling of the…
2Cases cited2 opinions
- Syme v. . BadgerSupreme Court of North Carolina · 1885
- Shipp, Ex'r v. . HettrickSupreme Court of North Carolina · 1869
3Cited by8 opinions
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- Perkins v. Brinkley.Supreme Court of North Carolina · 1903
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