Potter v. . Stone
Supreme Court of North Carolina
From Wake. This was a motion by Henry Potter, originally made in Wake County Court, and carried by appeal to the Superior Court, for an allowance of commissions to him as administrator of the estate of David Stone, deceased* Administration on the estate of Stone was granted in November, 1818, in December, 1818, a sale of property was made in Wake. In January, 1819, a similar sale was made in Bertie.
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From Wake. This was a motion by Henry Potter, originally made in Wake County Court, and carried by appeal to the Superior Court, for an allowance of commissions to him as administrator of the estate of David Stone, deceased* Administration on the estate of Stone was granted in November, 1818, in December, 1818, a sale of property was made in Wake. In January, 1819, a similar sale was made in Bertie. The administrator personally attended, both sales, and also went to Bertie one other time on the business of the estate. The administrator also claimed commissions on the payment of portions to…
1Opinion of the Court
Taylor, Chief-Justice,
delivered the opinion of the Court.
Trustees were entitled to no allowance at common law, for their care and trouble., but are merely indemnified for their actual expenses. The Legislature has thought fit to alter this rule and to make an allowance according to the actual care and attention bestowed in each particular case. A large estate, being unincum-bered, may, in. fact, require but a small portion of the attention of the administrator, and merit, therefore, a small commission ; whereas a less estate, if much involved, and having many claims to liquidate, may call…
2Cited by2 opinions
- Battery Park Bank v. Western Carolina BankSupreme Court of North Carolina · 1900
- Lightner v. . BooneSupreme Court of North Carolina · 1942