Thompson v. McDonald
Supreme Court of North Carolina
The plaintiffs, in this case, were Sarah Lenox Thompson, otherwise called Sarah McKinnel, suing by her next-friend James Stuart, Alexander Kissock, James Broom and George Blount, and the defendants were Jane McDonald, widow an executrix of Ronald McDonald, deceased, Robert Martin, administrator de bonis non of Ann Charteris, deceased, John W. ’Ellington and John McKinnell.
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The plaintiffs, in this case, were Sarah Lenox Thompson, otherwise called Sarah McKinnel, suing by her next-friend James Stuart, Alexander Kissock, James Broom and George Blount, and the defendants were Jane McDonald, widow an executrix of Ronald McDonald, deceased, Robert Martin, administrator de bonis non of Ann Charteris, deceased, John W. ’Ellington and John McKinnell. The case made by the bill, was, that John Lenox, a native of Scotland, but for many years a citizen of North Carolina, died in this State intestate, unmarried and without issue, some time in the year 1825, and that…
1Opinion of the Court
The right of the plaintiffs to the accounts demanded has been resisted on several grounds.
In the first place, it is insisted that the claim of the plaintiffs cannot be upheld unless the instrument of 13 April, 1830, be established as a deed, effectual to transfer the interest of Ann Charteris in the personal estates of her deceased uncle and brother to the trustees therein named. The plaintiffs have not, it is argued, pleaded this instrument as a will, or testamentary disposition, to take effect after her death, and, therefore, cannot claim under it as such; and if they had so pleaded it,…
2Cases cited1 opinion
- Brotten v. . BatemanSupreme Court of North Carolina · 1831
3Cited by5 opinions
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