Edwards v. Lemmond.
Supreme Court of North Carolina
AotioN by Unity E. Edwards against E W. Lemmond, beard by Judge B. B. Peebles and a jury, at August Term, 1904, of tbe Superior Court of Union County. Erom a judgment for tbe defendant the plaintiff appealed.
1Opinion of the CourtOlaRK, C. J.
This was a proceeding for a settlement of Addison Whitley’s estate, commenced before the Clerk and removed to the civil issue docket upon issues of fact being joined. Whitley died in 1866, having appointed his wife Samira Whitley his executrix. She filed an account in 1810, showing a small balance in her hands. She died in 1901. The plaintiff administerd on the estate of Addison Whitley and the defendant administered on Samira Whitley’s estate. ITis Honor held that the account filed in 1810 was not a final account. But under the instructions of the Court the jury found that the plaintiff’s…
2Cases cited11 opinions
- Alexander v. . GibbonSupreme Court of North Carolina · 1896
- Grant v. . HughesSupreme Court of North Carolina · 1886
- Eller v. . ChurchSupreme Court of North Carolina · 1897
- Nunnery v. . AverittSupreme Court of North Carolina · 1892
- Bushee v. . SurlesSupreme Court of North Carolina · 1877
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3Cited by9 opinions
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- Healey v. R. J. Reynolds Tobacco Co.District Court, M.D. North Carolina · 1942
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