Kelly v. Odum.
Supreme Court of North Carolina
ActioN by Ira L. Kelly, Administrator, with the will annexed of T. K. Byrd, against S. R. Odum and others, heard by Judge O. H. Allen, at the May Term, 1905, of the Superior Court of Sampson County, upon the referee’s report on a motion to retax the bill of costs. Erom a judgment in favor of the plaintiff, the defendant, Odum, appealed.
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ActioN by Ira L. Kelly, Administrator, with the will annexed of T. K. Byrd, against S. R. Odum and others, heard by Judge O. H. Allen, at the May Term, 1905, of the Superior Court of Sampson County, upon the referee’s report on a motion to retax the bill of costs. Erom a judgment in favor of the plaintiff, the defendant, Odum, appealed. The executor of the will of T. K. Byrd having renounced, the plaintiff qualified as administrator with the will annexed, and on tbe day of his qualification was sued by his father, Thomas Kelly, before a magistrate, for one hundred dollars alleged to be due by…
1Opinion of the Court
Walker, J.,
after stating the case: The statute provides that an executor may be allowed commissions and may retain for necessary charges and disbursements in tbe management of tbe estate. Code, section 1524. Compensation is allowed in order to reward bim, not only for bis time, labor and trouble in administering tbe estate committed to bis charge, but also for tbe responsibility incurred and for tbe fidelity with which be discharges tbe duties of bis trust — the theory of compensation being that it is incident to faithful administration — and it should not be allowed if there'has been neglect…
2Cases cited10 opinions
- State Ex Rel. Whitford v. FoySupreme Court of North Carolina · 1871
- Grant v. . ReeseSupreme Court of North Carolina · 1886
- Devane v. . RoyalSupreme Court of North Carolina · 1860
- Hailey v. . WheelerSupreme Court of North Carolina · 1856
- Young v. . KennedySupreme Court of North Carolina · 1886
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3Cited by12 opinions
- In Re HegeSupreme Court of North Carolina · 1934
- Lightner v. . BooneSupreme Court of North Carolina · 1942
- Craven v. . MungerSupreme Court of North Carolina · 1915
- In Re Will of HowellSupreme Court of North Carolina · 1933
- State Ex Rel. First Trust & Savings Bank v. SoutherlandSupreme Court of Florida · 1932
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