Perkins v. . Berry
Supreme Court of North Carolina
Civil action, tried, by consent, before Clark, J., at Chambers, upon exceptions to the report of a referee, in an action pending in the Superior Court of Buiikjs County. Both sides appealed. The facts are stated in the opinion.
1Opinion of the CourtSmith, C. J.
This action is prosecuted by the plaintiffs in behalf of themselves and all other creditors of John Sud-derth, deceased, against the defendant, his administrator de ■bonis non, with the will annexed, for an account and settlement of the testator’s estate, and the payment of their several debts. The deceased died in February, 1865, leaving a will, which has been admitted to probate, appointing three executors, to-wit, W. S. Sudderth, John R. Súdderth and Joseph Corpening, all of whom qualified as such, and entered upon and proceeded to discharge the duties and trusts imposed. In March, 1874,…
2Cases cited2 opinions
- Clerk's Office v. . HuffstellerSupreme Court of North Carolina · 1872
- State Ex Rel. Jackson v. MaultsbySupreme Court of North Carolina · 1878
3Cited by2 opinions
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- Koonce v. . PelletierSupreme Court of North Carolina · 1894