Legal Opinion

State Ex Rel. Lafferty v. Young

Supreme Court of North Carolina

Decided November 28, 1899PublishedCited by 8 opinions

Civil Actios on the administration bond of D. G. Hol-brooks, administrator of Harriet N. Holbrooks, his wife. H. G. Holbrooks having died, his executor, Joseph Young, is made a party-defendant. The cause was heard before Robinson-., J., at October Term, 1899, of the Superior Court of OabaRRus County.

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Civil Actios on the administration bond of D. G. Hol-brooks, administrator of Harriet N. Holbrooks, his wife. H. G. Holbrooks having died, his executor, Joseph Young, is made a party-defendant. The cause was heard before Robinson-., J., at October Term, 1899, of the Superior Court of OabaRRus County. The complaint alleged that there was a fund in the office of the Superior Court Clerk which belonged to plaintiff’s mother, Harriet N. Holbrooks, at the time of her death; that her husband, D. G. Holbrooks, took out letters upon the estate of his wife, and under order of court, the Clerk paid to…

1Opinion of the CourtOuaRK, J.

The administrator of Harriet N. Holbrooks, D. G-. Holbrooks, whose executor, and the sureties upon whose administration bond, are defendants in this action, filed an ex parte petition in the Superior Court at the November Term, 1885, asking- that a certain fund then in the Clerk’s office be turned over to him. The Judge of said court made a decree that “said fund should go in the proper course of administration or distribution of the estate of said H. N. Holbrooks, deceased,” and on motion of the attorney for such administrator it was ordered that the Clerk “pay over to D. G-. Holbrooks,…

2Cases cited5 opinions

  1. May v. San Antonio & Aransas Pass Town Site Co.Texas Supreme Court · 1892
  2. Clark v. FredenburgMichigan Supreme Court · 1880
  3. March v. . BerrierSupreme Court of North Carolina · 1850
  4. Jennings v. . CopelandSupreme Court of North Carolina · 1884
  5. Schuffler v. . TurnerSupreme Court of North Carolina · 1892

3Cited by8 opinions

  1. Ellyson v. LordSupreme Court of Iowa · 1904
  2. Linker v. . LinkerSupreme Court of North Carolina · 1938
  3. Fidelity & Deposit Co. of Maryland v. Texas Land & Mortgage Co.Court of Appeals of Texas · 1905
  4. State Ex Rel. Gnekow v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1942
  5. Sessions v. WillardSupreme Court of Florida · 1937

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