Vaughan v. . Hines
Supreme Court of North Carolina
Civil ActioN tried at December Special Term, 1881, of Hertford Superior Court, before Graves, J. The action was brought by the plaintiff, as administratrix de bonis non of Henry Vaughan, against the defendant as a surety on the administration bond of Benjamin A. Spiers, the former administrator of said Henry Vaughan, to recover the amount of unadministered assets remaining in his hands after his death.
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Civil ActioN tried at December Special Term, 1881, of Hertford Superior Court, before Graves, J. The action was brought by the plaintiff, as administratrix de bonis non of Henry Vaughan, against the defendant as a surety on the administration bond of Benjamin A. Spiers, the former administrator of said Henry Vaughan, to recover the amount of unadministered assets remaining in his hands after his death. The bond of Spiers was executed on the 2Gth day of October, 1866. He died on the —■ day of —, 1874. The plaintiff was appointed administratrix de bonis non of Henry Vaughan on the 21st of…
1Opinion of the CourtAshe, J.
The only question presented by the record for our determination is — was the alleged error in the charge of His Honor, that the account filed by the administrator, Spiers, on the 13th day of May, 1873, was a final account, and if six years had elapsed since the filing of said account and the bringing of this action, the plaintiff’s claim was barred by the-statute of limitations.
We concur in the ruling of His Honor that the account filed by the administrator, Spiers, on the 13th day of May, 1873, was a final account, though we see no reason why that filed by him on the 10th day of July, 1872,…
2Cases cited2 opinions
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3Cited by12 opinions
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