McFayden v. . Council
Supreme Court of North Carolina
Petition for the Removal of an Executor heard on appeal at Chambers in Fayetteville on the 23d of April, 1879, before McKoy, 'J. The petition was filed before the probate judge of Bladen county, who, upon the facts set out in the opinion of this court, ordered the removal of the defendant from his office as executor, and on appeal to the judge of the district the judgment was affirmed, and the defendant appealed to this court.
1Opinion of the CourtDillakd, J.
The plaintiff, a judgment creditor of the estate of Charles Calvin, in a debt to which the defendant is principal, and the testator, the surety, instituted this proceeding before the clerk as judge of probate, for the removal of the defendant as executor and the appointment of an administrator de bonis non with the will annexed.
Upon the averments on each side, for and against the removal, supported by the affidavits of the parties and other evidence sent up with the transcript, the probate judge found some of the facts as the basis of bis decree, while other facts, material to the proceeding…
2Cases cited2 opinions
- Barnes v. . BrownSupreme Court of North Carolina · 1878
- Atkinson v. WhiteheadSupreme Court of North Carolina · 1872
3Cited by6 opinions
- Edwards v. CobbSupreme Court of North Carolina · 1886
- In Re the Administration of the Estate of KnowlesSupreme Court of North Carolina · 1908
- Conte v. Di CorpoSupreme Court of Iowa · 1915
- Edwards v. . CobbSupreme Court of North Carolina · 1886
- Fox v. KeisterDarke County Court of Common Pleas · 1899
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