Morrisey v. Hill.
Supreme Court of North Carolina
ActioN by J. K. Morissey, executor of D. G-. Morissey, against W. L. Hill, beard on appeal from justice of tbe peace, by Judge James L. Webb and a jury, at tbe February Term, 1906, of tbe Superior Court of DupliN, upon tbe following facts agreed upon by tbe plaintiff and defendant: 1. That H. G. Morissey died in June, 1901, and plaintiff qualified upon bis estate immediately thereafter.
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ActioN by J. K. Morissey, executor of D. G-. Morissey, against W. L. Hill, beard on appeal from justice of tbe peace, by Judge James L. Webb and a jury, at tbe February Term, 1906, of tbe Superior Court of DupliN, upon tbe following facts agreed upon by tbe plaintiff and defendant: 1. That H. G. Morissey died in June, 1901, and plaintiff qualified upon bis estate immediately thereafter. That said executor bas not filed bis final account, and that said estate is not settled and is solvent. 2. That defendant is indebted to plaintiff in tbe sum of $200, witb interest thereon at six per cent,…
1Opinion of the Court
Hoee, J.,
after stating the case: Revisal 1905, sec. 93, provides that when a claim is presented to and rejected by an executor, administrator or collector, and not referred, as provided by a previous section, tbe claimant must, within six months after due notice of such rejection, or after some part of the debt becomes due, commence an action for the recovery thereof, or be forever barred from maintaining an action thereon. According to the facts agreed upon, defendant in person presented the claim — an account for board and services rendered the testator — to the executor on 12 November,…
2Cited by5 opinions
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