Legal Opinion

Drake v. . Drake

Supreme Court of North Carolina

Decided January 5, 1880PublishedCited by 7 opinions

Special PROCEEDING commenced in the probate court and heard on appeal at Pall Term, 1879, of Chatham Superior Court, before Gilmer, J. .This proceeding was commenced by the next of kin of George Drake, deceased, against the defendant, Britton Drake, his administrator, for an account and settlement, and was heard upon exceptions to a report of the clerk of the court. The plaintiffs appealed from the ruling of the judge upon the exceptions, and from the judgment rendered.

1Opinion of the CourtSmith, C. J.

This cause is before us on the plaintiffs’ appeal from rulings of the court upon numerous exceptions to the administration account of the defendant, taken and reported by the referee. They will be noticed in their proper order:

1. The first exception is to the full allowance of the sums disbursed and evidenced by vouchers numbered 1, 2, 4, 5, 8, 9, 13, 15, 16, 17, 18, 19, 20 and 21, for that, they should have been reduced by applying the scale to their true value in national currency. The referee finds that letters of administration on the intestate’s estate issued to the defendant from May…

2Cited by7 opinions

  1. Costen v. . McDowellSupreme Court of North Carolina · 1890
  2. Currie v. . McNeillSupreme Court of North Carolina · 1880
  3. Coggins v. . FlytheSupreme Court of North Carolina · 1893
  4. Coggins v. FlytheSupreme Court of North Carolina · 1893
  5. Covington v. . LattimoreSupreme Court of North Carolina · 1883

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