McIntyre v. . Proctor
Supreme Court of North Carolina
PbtitioN by executors that they be allowed to resign, beard on appeal from tbe Clerk, before Jones, J., at August Term, 1907, of tbe Superior Court of Robeson County.
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PbtitioN by executors that they be allowed to resign, beard on appeal from tbe Clerk, before Jones, J., at August Term, 1907, of tbe Superior Court of Robeson County. Tbe petitioners, having qualified as executors of tbe last will and testament of E. K. Proctor, deceased, proceeded to collect tbe assets and pay tbe debts of tbeir testator, and, having in tbeir possession quite an amount of property, real and personal, to be managed and applied under tbe provisions of tbe will, filed tbeir petition before tbe Clerk of tbe Court that they be allowed to resiga their office in favor of a son of…
1Opinion of the Court
Hoice, J.,
after stating the case: The allegations of the petition relevant to the inquiry admitted by the answer, and found to be true on the hearing, are as follows: “(3) That your petitioners have collected all the assets belonging to said estate, and have paid all debts due by the said estate, and have in all respects complied with the terms and provisions of the said last will and testament, and have made all investments as therein provided, and have satisfied all legacies to be satisfied, all of which will more fully appear from the annual accounts filed by your petitioners, as…
2Cases cited2 opinions
- Tulburt v. . HollarSupreme Court of North Carolina · 1889
- Washington v. BluntSupreme Court of North Carolina · 1852
3Cited by2 opinions
- In Re Will of MeadowsSupreme Court of North Carolina · 1923
- Washington v. . BlountSupreme Court of North Carolina · 1852