Sanders v. . Sanders
Supreme Court of North Carolina
The case made out by the bill was, that the plaintiff was appointed administrator of John Sanders, by the County Court of Johnston; that he found among the papers of his intestate, evidences of debt to the amount of $ 8400, against Reuben Sanders, who was perfectly solvent; that this sum was subject to a legal set-off on the part of the debtor, which reduced it to the sum of $5317, which was assets in the hands of the plaintiff, and for which he was charged in suits brought…
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The case made out by the bill was, that the plaintiff was appointed administrator of John Sanders, by the County Court of Johnston; that he found among the papers of his intestate, evidences of debt to the amount of $ 8400, against Reuben Sanders, who was perfectly solvent; that this sum was subject to a legal set-off on the part of the debtor, which reduced it to the sum of $5317, which was assets in the hands of the plaintiff, and for which he was charged in suits brought by the creditors of the intestate; that Reuben Sanders, the intestate, and one White, had been co-partners in trade;…
1Opinion of the Court
Henderson, Ciiief-Justice.
’fo do not mean to decide the question whether an administratop'or executor, who goes beyond liis assets in payment'of debts, without showing a special reason for doing so, -can; claim to be reimbursed out of the real estate. • .Here, the administrator has made out a very clear and strong case, why he was compelled to pay debts beyond the amount of his testator’s personal estate; and lias given a very satisfactory reason, why he, in his inventory, charged himself with the full amount of the apparent debt due his intestate from Reuben Sanders, and how it was…
2Cited by5 opinions
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