Williams v. Maitland
Supreme Court of North Carolina
On the 23rd of August, 1833, Sarah M. Wiggins, by her and next friend, S. B. Carroway, filed hei bill of ^e Court of Equity for the coiinty of Washington, against John Walker, and Benjamin Maitland and Jordan Walker; which said Benjamin and Jordan were the executors of Thomas Walker, deceased.
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On the 23rd of August, 1833, Sarah M. Wiggins, by her and next friend, S. B. Carroway, filed hei bill of ^e Court of Equity for the coiinty of Washington, against John Walker, and Benjamin Maitland and Jordan Walker; which said Benjamin and Jordan were the executors of Thomas Walker, deceased. By this bill the plaintiff charged that Samuel Lee Wiggins, formerly of said county, died on the 18th of April, 1818, having first, viz., on the 30th of September, 1816, duly made his last will and testament, whereof he constituted Lewis Whitfield, Thomas B. Haughton, Thomas Walker, John Walker and…
1Opinion of the Court
Gaston, Judge,
after stating the case as above, proceeded as follows: Upon the. argument, it was admitted, by the counsel for the defendants, that the 4th exception taken by the plaintiff, was well founded. That exception is, for that the master has erroneously debited the estate of Samuel L. Wiggins, in account with Thomas Walker, as executor, with the sum of $12, and the interest thereon; which sum was Paid for a survey of land made after the death of his testator, Without, therefore, enquiring into the matter of the exeeption, and because of this admission, the Court doth sustain the said…
2Cited by3 opinions
- McNair v. . CooperSupreme Court of North Carolina · 1917
- Twiddy v. . MullenSupreme Court of North Carolina · 1918
- Hawkins v. . HawkinsSupreme Court of North Carolina · 1816