Brawley v. . Brawley
Supreme Court of North Carolina
Civil ACTION, tried at August Term, 1891, of Iredell Superior Court, Armfield, J., presiding. It appears that the intestate of the plaintiff died and his widow, Malinda C. Brawley, was duly appointed and qualified as administratrix of his estate on the 27th day of August, 1870, and took upon herself the burden of administering the same.
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Civil ACTION, tried at August Term, 1891, of Iredell Superior Court, Armfield, J., presiding. It appears that the intestate of the plaintiff died and his widow, Malinda C. Brawley, was duly appointed and qualified as administratrix of his estate on the 27th day of August, 1870, and took upon herself the burden of administering the same. Afterwards she died, in 1877, and the plaintiff was appointed and qualified as administrator de bonis non of her said intestate on the 4th day of November, 1889. There had been no final settlement of the estate in her hands. The plaintiff brought this action…
1Opinion of the Court
MeemmoN, C. J.:
It is important to observe that this action is not brought against the administrator of the intestate of the relator, nor, she having died in 1877, is it brought against her administrator, but it is brought only against the sureties to her bond as administratrix, and the plaintiff; demands judgment that they account with him and pay such sum of money as his predecessor administratrix ought to have accounted for and administered in her life-time according to law.
Now, although there had been no final auditing of her account and filing of the same, as required by law, still she…
2Cases cited7 opinions
- Grant v. . HughesSupreme Court of North Carolina · 1886
- Walton v. . PearsonSupreme Court of North Carolina · 1881
- Kennedy v. . CromwellSupreme Court of North Carolina · 1891
- Vaughan v. . HinesSupreme Court of North Carolina · 1882
- Woody v. . BrooksSupreme Court of North Carolina · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Fisher v. . BallardSupreme Court of North Carolina · 1913
- Koonce v. . PelletierSupreme Court of North Carolina · 1894
- Burgwyn v. . DanielSupreme Court of North Carolina · 1894
- Buie v. . BuieSupreme Court of North Carolina · 1841