Carthey v. . Webb
Supreme Court of North Carolina
[-From Orange. J This was an application to the County Court of Orange for letters of administration on the estate of John Casey, deceased. This application was opposed by James Webb, on the ground of bis being the largest creditor in the state. The Court refused Carthey’s application, and be appealed.
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[-From Orange. J This was an application to the County Court of Orange for letters of administration on the estate of John Casey, deceased. This application was opposed by James Webb, on the ground of bis being the largest creditor in the state. The Court refused Carthey’s application, and be appealed. The case came on to be beard in the ¡Superior Court, when it appeared in evidence, that John Casey died intestate, in Hillsborough, about the 4th July, 1812, leaving Daniel Carthey, of Newbern, his next of kin in the United States ; apd that he had two sisters in the kingdom of Great Britain,…
1Opinion of the Court
Tatjok, Cljief Justice,
delivered the opinion of the Court:
As the sisters of the intestate, who arc his nearest of kin, are resident beyond sea, and subjects of a hostile four,try, they are certainly disqualified from administer- iing on his effects. This principle may be fairly extracted from the numerous cases on this point, which, how- . ever, are so much in conduct, as not to yield any satisfactory information on the question, whether an alien enemy may bring an action as administrator. The two .cases in Cro. JSliz. 142 & 683, are in direct opposition to .each other. The true rule probably…
2Cited by6 opinions
- Sprague v. MooreMichigan Supreme Court · 1900
- Boynton v. HearttSupreme Court of North Carolina · 1912
- In Re Estate of SmithSupreme Court of North Carolina · 1936
- Boynton v. . HearttSupreme Court of North Carolina · 1912
- Dodson v. . BushSupreme Court of North Carolina · 1811
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