State Ex Rel. Latta v. Russ
Supreme Court of North Carolina
This was an action of debt, on an administration bond, tried before Dick, J., at a Special Term, June, 1860, of Orange Superior Court. Richard Crabtree made his will, by which he devised - certain lands to Thomas J.-Latta and wife, William Hopkins and wife, William Crabtree, Moses Crabtree, Clement Crabtree,. John Crabtree, Richard Crabtree, Arthur Crabtree, Kemp Crabtree and Lucy Ann Crabtree, the last six of whom are minors.
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This was an action of debt, on an administration bond, tried before Dick, J., at a Special Term, June, 1860, of Orange Superior Court. Richard Crabtree made his will, by which he devised - certain lands to Thomas J.-Latta and wife, William Hopkins and wife, William Crabtree, Moses Crabtree, Clement Crabtree,. John Crabtree, Richard Crabtree, Arthur Crabtree, Kemp Crabtree and Lucy Ann Crabtree, the last six of whom are minors. He devised a certain other tract of land to be sold for the payment of debts, and that the rents, issues and profits of the other land should be applied to the support…
1Opinion of the CourtPearson, C. J.
The objection made in this Court, that' the action cannot be maintained by the administrator de bomsnon with the will annexed of Richard Crabtree, and should have-been brought on the relation of the devisees, is-not tenable.
In respect to the personal estate,- it. is settled,..that if an administrator die before he has completed the settlement of the-estate, by paying debts and making, distribution, an administrator de bonis non must be appointed for the purpose of completing the settlement, for the reason, that there-is no privity between, the distributees of the intestate and the…
2Cited by8 opinions
- Poindexter v. FIRST NATIONAL BANK OF WINSTON SALEMSupreme Court of North Carolina · 1958
- Atlantic Trust & Banking Co. v. StoneSupreme Court of North Carolina · 1918
- In Re GorhamSupreme Court of North Carolina · 1919
- State Ex Rel. Allison v. RobinsonSupreme Court of North Carolina · 1878
- Austin v. Austin.Supreme Court of North Carolina · 1903
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