Hodge v. . Hodge
Supreme Court of North Carolina
Civil action for the recovery of a legacy, tried before Watts, J., at Fall Term, 1873, Waite Superior Court. The plaintiff, in his complaint, alleged that by the will ot William T. Hodge, the sum of twelve hundred and fifty dollars was given to the nee and benefit of Henderson A Hodge for life, and then to the use and benefit of the plaintiff for life, and then to be divided between all the children of Henderson A. Hodge; that by said will the defendant, Madison C. Hodge,…
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Civil action for the recovery of a legacy, tried before Watts, J., at Fall Term, 1873, Waite Superior Court. The plaintiff, in his complaint, alleged that by the will ot William T. Hodge, the sum of twelve hundred and fifty dollars was given to the nee and benefit of Henderson A Hodge for life, and then to the use and benefit of the plaintiff for life, and then to be divided between all the children of Henderson A. Hodge; that by said will the defendant, Madison C. Hodge, and Henderson A. Hodge were appointed his executors and duly qualified as such; that the defendant collected the money of…
1Opinion of the CourtSettle, J.
This is an action to recover a legaey, made returnable before the Court at the regular Pall Term, 1873.
There is a demurrer to the jurisdiction. The Probate Court has exclusive original jurisdiction of special proceedings to recover legacies and distributive shares.
This rule is subject to the exception, that when the assent of the executor amounts to an express or implied promise to pay a legacy or distributive share, it becomes a debt, recoverable like any other debt in the Superior Court. Miller v. Barnes, 65 N. C. Rep. 67.
And while it is a general rule that the assent of the executor to the…
2Cases cited2 opinions
- Miller v. . BarnesSupreme Court of North Carolina · 1871
- Camp v. . SmithSupreme Court of North Carolina · 1873
3Cited by8 opinions
- Scott v. ScottSupreme Court of Iowa · 1908
- Ritch v. . MorrisSupreme Court of North Carolina · 1878
- In Re the Administration of the Estate of KnowlesSupreme Court of North Carolina · 1908
- Woodard v. ClarkSupreme Court of North Carolina · 1952
- Hendrick v. MayfieldSupreme Court of North Carolina · 1876
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