Hendrick v. Mayfield
Supreme Court of North Carolina
'Special ProceediNG, beard upon appeal from the Probate Court, before his Honor, Judge Watte, at Chambers, in War-beN county, February 8th, 1873. 'The plaintiff filed a petition in the Probate Court, alleging; That Thomas A. Gfliolson Palmer died during the year 1840, leaving a will in writing, duly executed, to pass his whole estate, which was admitted to probate at February Term, 1841, of Warren County Court.
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'Special ProceediNG, beard upon appeal from the Probate Court, before his Honor, Judge Watte, at Chambers, in War-beN county, February 8th, 1873. 'The plaintiff filed a petition in the Probate Court, alleging; That Thomas A. Gfliolson Palmer died during the year 1840, leaving a will in writing, duly executed, to pass his whole estate, which was admitted to probate at February Term, 1841, of Warren County Court. James O. K. Mayfield, the executor therein named, duly qualified, and took into his possession personal estate and effects sufficient to pay the debts, funeral •expenses and legacies…
1Opinion of the Court
ByNüm, J.
The complaint and demurrer thereto, present the question of jurisdiction only. The Court of Probote has exclusive jurisdiction of proceedings for the recovery of lega-ciés and distributive shares of estates. Bat. Rev. chap. 45, sec. 134. Heiley v. Foard, 64 N. C. Rep. 710. Hunt v. Sneed, 64 N. C. Rep. 176.
When, however, a specific pecuniary legacy has been given and has been assented to by the executor, it becomes a debt, and must be recovered by action brought to a regular term of the Superior Court. Such were the cases of Miller v. Barnes, 65 N. C. Rep. 67; and Hodge v. Hodge, 72…
2Cases cited6 opinions
- Heilig v. . FoardSupreme Court of North Carolina · 1870
- Hunt v. . SneedSupreme Court of North Carolina · 1870
- State v. . LanierSupreme Court of North Carolina · 1874
- Bell v. KingSupreme Court of North Carolina · 1874
- Hodge v. . HodgeSupreme Court of North Carolina · 1875
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