Wynns v. Alexander
Supreme Court of North Carolina
The case made by the' pleadings and proofs was that Peter Wynns by his will gave to his wife Elizabeth Wynns a negro woman for life, with remainder to his children — that his executors exhausted all his assets in the payment of his debts, excepting that slave and a horse — that they then settled their accounts with the county court, when it appeared that the sum of £181, 14. 1., was still due for outstanding debts of the testator — that the widow agreed with the executors…
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The case made by the' pleadings and proofs was that Peter Wynns by his will gave to his wife Elizabeth Wynns a negro woman for life, with remainder to his children — that his executors exhausted all his assets in the payment of his debts, excepting that slave and a horse — that they then settled their accounts with the county court, when it appeared that the sum of £181, 14. 1., was still due for outstanding debts of the testator — that the widow agreed with the executors for the purchase of the slave and horse, upon the terms of her paying those debts — that- this agreement was perfectly…
1Opinion of the Court
.Daniel, Judge,
after stating the facts as above set forth, proceeded as follows : — It appears to us that the title to the slave, which at law was in the executors, was bona fide, and for a full consideration transferred by the- executors to the' widow. The act of Assembly (Rev. stat. 275) provides, when the estate of a person deceased shall be so far indebted, that the debts cannot be discharged by the moneys on hand, or by the sale of the perishable commodities, then it is and shall be the duty of every executor or administrator to sell the goods and chattels at public sale for the most…
2Cited by2 opinions
- Felton v. . FeltonSupreme Court of North Carolina · 1938
- Odell v. . HouseSupreme Court of North Carolina · 1907