McDonald v. . McDonald
Supreme Court of North Carolina
Cause removed from tbe Court of Equity of Cumberland ■county. _ Margaret McDonald, of Sampson county, died in the year 1855, without issue, leaving tbe plaintiff, Colin McDonald, her next of kin and heir-at-law. Letters of administration on her estate were granted to the defendant, Daniel McDonald, ¡at-Term, 1855, of Sampson County Court, and betook possession of her estate, consisting of eighteen negroes and $104,90, in good notes.
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Cause removed from tbe Court of Equity of Cumberland ■county. _ Margaret McDonald, of Sampson county, died in the year 1855, without issue, leaving tbe plaintiff, Colin McDonald, her next of kin and heir-at-law. Letters of administration on her estate were granted to the defendant, Daniel McDonald, ¡at-Term, 1855, of Sampson County Court, and betook possession of her estate, consisting of eighteen negroes and $104,90, in good notes. In 1816, the defendant, as administrator, filed an inventory, in which he omitted to include the slaves, as property, for whio^ he was bound to account-,…
1Opinion of the CourtBattle, J.
The proofs satisfy ns beyond a doubt, that the instrument which the plaintiff seeks to impeach was-obtained by the defendant fairly and without fraud, or the exercise of any under influence ; that the plaintiff was, at the- time when he executed it, entirely capable in law to do> so; that he fully understood it's import and meaning; and that the consideration which he received for it was under the circumstances, fair, if not fully adequate. It cannot, therefore, be set aside either upon the ground of fraud, undue influence, want of capacity in the assignor or for a defect of consideration.…
2Cases cited1 opinion
- Boynton v. HubbardMassachusetts Supreme Judicial Court · 1810
3Cited by10 opinions
- Kornegay v. MillerSupreme Court of North Carolina · 1905
- Boles v. Caudle.Supreme Court of North Carolina · 1903
- Taylor v. SwaffordTennessee Supreme Court · 1909
- Keys v. KeysCourt of Appeals of Maryland · 1925
- Vick v. . VickSupreme Court of North Carolina · 1900
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