Legal Opinion

Smith v. . Munroe

Supreme Court of North Carolina

Decided December 5, 1840PublishedCited by 11 opinions

Daniel Smith, the plaintiff, applied to the County Court of Cumberland to revoke letters of administration which had been previously granted to the defendants on the estate of Lauchlin McKay, the plaintiff claiming the admininistration himself as next of kin. The County Court refused the motion, and the plaintiff appealed to the Superior court of Cumberland.

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Daniel Smith, the plaintiff, applied to the County Court of Cumberland to revoke letters of administration which had been previously granted to the defendants on the estate of Lauchlin McKay, the plaintiff claiming the admininistration himself as next of kin. The County Court refused the motion, and the plaintiff appealed to the Superior court of Cumberland. On the hearing of the case at Spring Term, 1839, of this court, before his honor Judge Pearson, the judgment of the County Court was affirmed, and the plaintiff appealed to the Supreme Court. The facts will be found in the opinion…

1Opinion of the Court

Ruffin, Chief Justice.

Margaret McKay died intestate in Cumberland County, and Daniel Smith, of the same county, obtained letters of administration of her estate, which consisted of sundry articles of personal property, including some slaves, as claimed by her next of kin. She left several children surviving her; among, whom was Lauchlin McKay, who resided in the State, of Mississippi and died there intestate, leaving a widow and children then and now residing also in that State. The widow, by letter of attorney, appointed M. Munroe and R. Munroe her attornies to take administration in this…

2Cases cited1 opinion

  1. Pennsylvania v. Oliphant, Pennsylvania Court of Common Pleas, Fayette County1797

3Cited by11 opinions

  1. Reynolds v. Lloyd Cotton MillsSupreme Court of North Carolina · 1919
  2. Hall v. . R. R.Supreme Court of North Carolina · 1907
  3. Hall v. Southern Railway Co.Supreme Court of North Carolina · 1907
  4. Morefield v. . HarrisSupreme Court of North Carolina · 1900
  5. Boynton v. HearttSupreme Court of North Carolina · 1912

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