Governor Ex Rel. Lamb v. Williams
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Currituck county, at Fall Term, 1842, his Honor Judge Bailey presiding. This was an action of debt, brought by the relator of the plaintiff on the bond given by Caroline M. Williams, the defendant, on being appointed by the County Court of Cur-rituck administratrix of Hollowell Williams, deceased.— The breach assigned was, in not paying to the relator of the plaintiff the distributive share to which his intestate was e-titled, as one…
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Appeal from the Superior Court of Law of Currituck county, at Fall Term, 1842, his Honor Judge Bailey presiding. This was an action of debt, brought by the relator of the plaintiff on the bond given by Caroline M. Williams, the defendant, on being appointed by the County Court of Cur-rituck administratrix of Hollowell Williams, deceased.— The breach assigned was, in not paying to the relator of the plaintiff the distributive share to which his intestate was e-titled, as one of the children of the said Hollowell. It was in evidence, that Hollowell Williams had his domicile in Virginia, and…
1Opinion of the Court
Ruffin, C. S.
The defendant’s objection, that the ad- ministratrix was accountable in Virginia, the domicil of the for the whole estate, is not presented by the case, as it comes up ; inasmuch as judgment was given for the relator’s share of the assets in North Carolina, and the defendants did not appeal. It would, therefore, be improper to give an opinion on that point.
On the other point we think the decision right. Our law intends only to secure the assets, of which it commits administration ; and the bond given here must, accordingly, be construed as obliging the administratrix and the…
2Cited by2 opinions
- Williams v. . WilliamsSupreme Court of North Carolina · 1878
- Helme v. . SandersSupreme Court of North Carolina · 1825