Floyd v. . Herring
Supreme Court of North Carolina
Proceedings under the acts for the relief of Landlords, before Bussell, J., upon appeal, at Spring Term 1870, of of Bobeson Court. The defendant was tenant of a house, &c., under a lease by one Griffin, who died in November, 1865, leaving a will, proved in common form at November term 1865 of Eobeson County Court, by which he devised his lands to his widow. No executor being named in the will, administration cam testamento annexo was granted to the plaintiff.
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Proceedings under the acts for the relief of Landlords, before Bussell, J., upon appeal, at Spring Term 1870, of of Bobeson Court. The defendant was tenant of a house, &c., under a lease by one Griffin, who died in November, 1865, leaving a will, proved in common form at November term 1865 of Eobeson County Court, by which he devised his lands to his widow. No executor being named in the will, administration cam testamento annexo was granted to the plaintiff. At August term 1866, a petition was filed by the heirs of the deceased for a re-probate of the will, and thereupon the former probate’…
1Opinion of the CourtDice, J.
These proceedings cannot be maintained under the Acts of 1863 and 1864, “ For the relief of Landlords,” for the plaintiff as administrator cum testcmento annexo, has no interest in the premises. A personal representative has no control of the freehold estate of the deceased; unless it is vested in him by a will, or where there is a deficiency of personal assets and he obtains a license to sell real estate for the payment of debts. The control derived from a will may be either a naked power of sale or a power coupled with an '.interest. The hem of the testator is not divested of the estate…
2Cited by15 opinions
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- Speed v. PerrySupreme Court of North Carolina · 1914
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- Pack v. NewmanSupreme Court of North Carolina · 1950
- Linker v. . LinkerSupreme Court of North Carolina · 1938
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