Phillips v. . Hensley
Supreme Court of North Carolina
Civil actioN tried before Ferguson, J., at June Term, 1917, of YaNOEY. This proceeding was instituted before the clerk of the Superior Court of Yancey County for the settlement of the estate of B. S. Hensley, and involves the auditing of the account of his executors, J. B. Hensley and Moulton Hensley. The final account of the executors was approved by the clerk, and the heirs at law and distributees, who are the plaintiffs, appealed to the Superior Court.
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Civil actioN tried before Ferguson, J., at June Term, 1917, of YaNOEY. This proceeding was instituted before the clerk of the Superior Court of Yancey County for the settlement of the estate of B. S. Hensley, and involves the auditing of the account of his executors, J. B. Hensley and Moulton Hensley. The final account of the executors was approved by the clerk, and the heirs at law and distributees, who are the plaintiffs, appealed to the Superior Court. The cause was referred to "W. M. Mc-Nairy to state the account and find the facts and render judgment. Upon the coming in of the .report…
1Opinion of the CourtBeowN, J.
The controversy centers around a note for $14,000 for which the executors claim credit. In reference to this note, the referee finds these facts, which are adopted by the judge:
On the 24th day of October, James B. Hensley owed the Citizens Bank of Burnsville four notes amounting to $10,600; in order to pay same, he- secured one Carter Higgins to take a blank bank note to his father, B. S. Hensley, for his signature, leaving the amount of said note, the time of its maturity, and the party to whom payable blank, and the said testator upon receipt of .this blank note signed his signature to same…
2Cases cited1 opinion
- Leduc v. . MooreSupreme Court of North Carolina · 1892
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