Chambers v. . Kerns
Supreme Court of North Carolina
Cause removed from the Court of Equity of Rowan county. The bill was filed by the executor of Peter Kerns, praying for instructions as to the discharge of his duty under the will, and for an account and settlement of the estate in his hands, by a decree of the Court of Equity for his protection, &c.
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Cause removed from the Court of Equity of Rowan county. The bill was filed by the executor of Peter Kerns, praying for instructions as to the discharge of his duty under the will, and for an account and settlement of the estate in his hands, by a decree of the Court of Equity for his protection, &c. A reference was made to L. Blackmer, Esq., as a commissioner, to state the account with the executor, which was stated, and was excepted to in two particulars — one of which was that the commissioner had charged the executor with interest on money collected by him and held for distribution. The…
1Opinion of the CourtPeaesoN, C. J.
The exception in respect to the note of" Pisher and others, for $2600, given to secure the price of a tract of land, sold to them by the testator, is allowed.-
By a residuary clause, the testator directs “ the money on hand and the money arising from the oolleotion of my bonds, notes and accounts, be equally divided between my wife, Fanny,” &c. These words include the note of “ Fisher and others,” and the question is, on what ground should this note be taken out of the express words of the residuary legacy ? The ground assigned is, that this note was given as the consideration of a tract of…
2Cited by6 opinions
- Rue v. . ConnellSupreme Court of North Carolina · 1908
- Rose v. . BankSupreme Court of North Carolina · 1940
- Rose v. Bank of WadesboroSupreme Court of North Carolina · 1940
- Green v. GreenSupreme Court of North Carolina · 1950
- Tighe v. MichalCourt of Appeals of North Carolina · 1979
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