Hardy v. . Miles
Supreme Court of North Carolina
Civil Action, tried at Spring Term, 1883, of Warren Superior Court, before Shepherd, J. This action was brought to vacate a decree, and surcharge and falsify an .account, and for the payment of a legacy.
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Civil Action, tried at Spring Term, 1883, of Warren Superior Court, before Shepherd, J. This action was brought to vacate a decree, and surcharge and falsify an .account, and for the payment of a legacy. The pleadings show that William Miles died in February, 1869, leaving a last will and testament in which he appointed Samuel Miles executor, empowering him to sell his real estate, and after paying his debts and other expenses, to distribute the surplus among the testator’s six children and representatives, of whom the plaintiff is one, being a son of a daughter of the testator, who died in…
1Opinion of the CourtAshe, J.
In this court the defendant’s counsel took exception-to the plaintiff’s complaint for a defect of parties, alleging that the administrator de bonis non, cum testamento cinnexo, of William Miles was a necessary party to the action.
We think the exception is well taken. William Miles, the testator, died in 1869 and Samuel Miles was his executor, who qualified as such, and took upon himself the burthen of executing the will. He died in 1876 and the defendant took out letters of administration on his estate.
It is alleged in the plaintiff’s complaint that Samuel Miles, the executor of William…
2Cases cited4 opinions
- Ham v. . KornegaySupreme Court of North Carolina · 1881
- State Ex Rel . Goodman v. . Goodman, Ex'r. .Supreme Court of North Carolina · 1875
- University of N. C. v. HughesSupreme Court of North Carolina · 1884
- Murphy v. . HarrisonSupreme Court of North Carolina · 1871
3Cited by11 opinions
- Merrill v. . MerrillSupreme Court of North Carolina · 1885
- Wilson v. . PearsonSupreme Court of North Carolina · 1889
- Spivey v. GodfreySupreme Court of North Carolina · 1963
- Rudisill v. HoyleSupreme Court of North Carolina · 1961
- Snipes v. . Estates Administration, Inc.Supreme Court of North Carolina · 1944
6 more not listed; retrieve them via the Exa API.