Legal Opinion

Governor Ex Rel. McElroy v. Carter

Supreme Court of North Carolina

Decided June 5, 1843PublishedCited by 3 opinions

Appeal from the Superior Court of Law of Davie County, at Fall Term, 1842, his Honor Judge Nash presiding. This was an action of debt upon the administration bond of William W. Long, andministrator of Thomas Oaks, deceased, the defendant’s intestate being one of the sureties in said bond. The following case was agreed upon.

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Appeal from the Superior Court of Law of Davie County, at Fall Term, 1842, his Honor Judge Nash presiding. This was an action of debt upon the administration bond of William W. Long, andministrator of Thomas Oaks, deceased, the defendant’s intestate being one of the sureties in said bond. The following case was agreed upon. William W. Long was appointed administrator de bonis non of Thomas Oaks, deceased, at August Term, 1831, of Rowan County Court, and gave bond, with the defendant’s intestate and John Hoskins as his sureties, in the usual form. About the year 1833, the relator Rachel, by…

1Opinion of the CourtGaston, J.

It seems to us upon the facts agreed, that the law is with the plaintiff, and that he is therefore entitled to judgment.

The statute of 22d and 23d Chas. 2 c. 10, in prescribing the form of the bond to be given by an administrator, makes it a part of the condition that the administrator “ do make or cause to be made a true and just account of his said administration at or before the day of next, and all the rest and residue of the said goods, chattels and cred-. its, which shall be found remaining upon the said administrator’s account, the same being first examined and allowed by the Judge for…

2Cited by3 opinions

  1. Kaywood v. . BarnettSupreme Court of North Carolina · 1838
  2. Chairman v. . ClarkSupreme Court of North Carolina · 1825
  3. Lewis v. . FortSupreme Court of North Carolina · 1876

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