Furr v. . Brower
Supreme Court of North Carolina
Civil ActioN on an Administration Bond, tried at Eall Term, 1877, of MooRe Superior Court, before Seymour, J. The parties waived a jury trial and the Court found the facts: — The defendant, Brower, administered upon the estate of Upshur Furr who died intestate in 1858, and executed a bond with the other defendants as sureties. The' plaintiffs are the next of kin and distributees of the intestate whose estate was worth $4500 according to the inventory of the defendant.
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Civil ActioN on an Administration Bond, tried at Eall Term, 1877, of MooRe Superior Court, before Seymour, J. The parties waived a jury trial and the Court found the facts: — The defendant, Brower, administered upon the estate of Upshur Furr who died intestate in 1858, and executed a bond with the other defendants as sureties. The' plaintiffs are the next of kin and distributees of the intestate whose estate was worth $4500 according to the inventory of the defendant. The administrator sold the personal property, except the slaves, on the 23d of November, 1858, the proceeds of which paid the…
1Opinion of the CourtRodman, J.
The plaintiffs contend that the defendant was negligent in this :
1. That on the 2d of March, 1861, he sold the two slaves which he held as administrator of their father in trust for them. We attach no importance to the fact that the sale was made under an order of the County Court; such orders were almost of course on the petition of an administrator; nor to the fact that the plaintiffs, then infants, represented by their guardian appointed by the Court ad litem were co-petitioners with the administrator. In those days and perhaps now, guardians ad litem were the mere nominees of the…
2Cases cited1 opinion
- Purvis, Guardian v. . JacksonSupreme Court of North Carolina · 1873