Pierce v. . Faison
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at tbe September Term, 1921, of Duplin. Tbis action was brought in tbe court beloiv for an account and final settlement with Henry E. Faison, executor of Henry ~W. Faison, deceased, but is described by tbe plaintiff as a suit to surcharge and falsify bis accounts.
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Appeal by defendant from Devin, J., at tbe September Term, 1921, of Duplin. Tbis action was brought in tbe court beloiv for an account and final settlement with Henry E. Faison, executor of Henry ~W. Faison, deceased, but is described by tbe plaintiff as a suit to surcharge and falsify bis accounts. It is alleged that Henry W. Faison died in December, 1885, leaving a will, which was duly admitted to probate, and the two executors named therein, Henry E. Faison and Martha W. Faison, duly qualified as such in January, 1886. It is stated that no regular accounts were filed by Henry E. Faison and…
1Opinion of the Court
Walker, J.,
after stating relevant matters; as above-: Tbe facts are so indefinitely stated in tbe pleadings that it is difficult, if not impossible, to arrive at any just or accurate conception of tbe merits of this case. It does not seem, from tbe slight information we can gather from tbe pleadings, that there has been any formal and final settlement between tbe defendant and those interested in tbe estate. It was nothing more than a promise on tbe part of tbe plaintiff to do something which it is alleged by tbe defendant, she failed to do, and hardly more than a negotiation for a…
2Cases cited16 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Brewer v. . WynneSupreme Court of North Carolina · 1911
- Grant v. . HughesSupreme Court of North Carolina · 1886
- Eller v. . ChurchSupreme Court of North Carolina · 1897
- Bushee v. . SurlesSupreme Court of North Carolina · 1877
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3Cited by5 opinions
- Service Fire Insurance v. Horton Motor Lines, Inc.Supreme Court of North Carolina · 1945
- Washington v. . BonnerSupreme Court of North Carolina · 1932
- City of Washington v. BonnerSupreme Court of North Carolina · 1932
- Healey v. R. J. Reynolds Tobacco Co.District Court, M.D. North Carolina · 1942
- Moore v. BrysonCourt of Appeals of North Carolina · 1971