Cannon, Stokely & Co. v. Robinson
Supreme Court of North Carolina
Civil action tried before Bussell. J., at January Special Term, 1872, of the Superior Court of New Hanover. The defendants were sued as executors and trustees under the will of Nicholas N. Nixon, for the amount of certain loans and the price of goods, bought by the defendant Robinson for the purpose of cultivating land belonging to the estate of the testator. The provisions of the will of the testator in relation to said land are set forth in the opinion of the Court.
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Civil action tried before Bussell. J., at January Special Term, 1872, of the Superior Court of New Hanover. The defendants were sued as executors and trustees under the will of Nicholas N. Nixon, for the amount of certain loans and the price of goods, bought by the defendant Robinson for the purpose of cultivating land belonging to the estate of the testator. The provisions of the will of the testator in relation to said land are set forth in the opinion of the Court. It was insisted for the defendants that the estate of the testator was not liable, but that the liability was a personal one…
1Opinion of the CourtReade, J.
By the terms of the will certain lands are devised to the defendants, who are also executors, in trust for the widow and certain of the children of the testator, during the life of the widow, and then over to these same children, with directions to the executors to cultivate the lands and beep an account of the produce and sales and of the outlays, and if, after supporting the widow and said children there should be a surplus, such surplus should be divided among them. This gave to the defendants the power to purchase necessaries for conducting the farming operations. And liabilities incurred…
2Cited by1 opinion
- Rountree v. . DixonSupreme Court of North Carolina · 1890