Pearce v. . Castrix
Supreme Court of North Carolina
This was a contest for letters of administration on the estate of John Brissington, heard before Bailey, J., at the last Eall Term of Craven Superior Court. The decedent was a native of England, and died in this county intestate and without leaving widow or children.
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This was a contest for letters of administration on the estate of John Brissington, heard before Bailey, J., at the last Eall Term of Craven Superior Court. The decedent was a native of England, and died in this county intestate and without leaving widow or children. The decedent did not owe the plaintiff, Pearce, any thing at the time of his death, but after that event, he purchased notes and accounts from sundry persons to whom Brissington was indebted, and these exceeded, in amount, the debts due to the opposing applicant, Castrix. This latter resided in the State at the time of the…
1Opinion of the CourtPearson, C. J.
Upon failure of the widow, or next of kin, to make application, the statute requires administration to be granted “ to the highest creditor residing within the State, proving his debt upon oaih before the court granting the same.”
The requirement, that the debt ■shall be proved by the oath of the creditor, confines the right to have administration, to creditors, between whom and the intestate,, there existed a personal privity of contract, for, in the absence of this privity, the creditor cannot, by •his oath, prove the debt; for instance, ■one who claims as assignee, cannot thus prove the…
2Cited by3 opinions
- Boynton v. HearttSupreme Court of North Carolina · 1912
- In re the Estate of HossWashington Supreme Court · 1910
- Boynton v. . HearttSupreme Court of North Carolina · 1912