Shields v. Union Central Life Insurance
Supreme Court of North Carolina
Civil aotioN, tried at August Term, 1896, of Moore Superior Court, before Starbueh, J. The decedent, Brax-ton Shields, was domiciled at the time of his death in the State of Alabama, where, according to the finding of the jury, he left sufficient assets, outside of the policy of insurance sued on in this action, to discharge his indebtedness due there.
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Civil aotioN, tried at August Term, 1896, of Moore Superior Court, before Starbueh, J. The decedent, Brax-ton Shields, was domiciled at the time of his death in the State of Alabama, where, according to the finding of the jury, he left sufficient assets, outside of the policy of insurance sued on in this action, to discharge his indebtedness due there. His body was brought to North Carolina and interred in Moore county, where he left assets, and where there were creditors of his estate, one debt due said estate being a part of the burial expenses, and where his only heirs-at-law (his brother…
1Opinion of the Court
Avery, J. :
The grant of letters testamentary to H. B. Shields on the estate of Braxton Shields, upon proof that he owned property then in this State, no matter when or how such chattels were brought within his jurisdiction, was valid, although it appeared that the decedent at the time of his death was a resident of. the State of Alabama, and left assets there also. Hyman v. Gaskins, 5 Ired., 267, Code, Sec. 1374 (3). Being in under a valid appoint ment, and having in his hands the policy sued on, the law did not allow the debtor to contest his right to collect on behalf of the administrator…
2Cases cited7 opinions
- Barcello v. . HapgoodSupreme Court of North Carolina · 1896
- Springer v. . ShavenderSupreme Court of North Carolina · 1895
- McMinn v. . HamiltonSupreme Court of North Carolina · 1877
- Garrison v. . CoxSupreme Court of North Carolina · 1886
- Lyle v. . SilerSupreme Court of North Carolina · 1889
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3Cited by13 opinions
- Goodwin v. ClaytorSupreme Court of North Carolina · 1904
- In Re Estate of ClarkCalifornia Supreme Court · 1905
- Goodwin v. . ClaytorSupreme Court of North Carolina · 1904
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- Parnell v. ThompsonSupreme Court of Kansas · 1909
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