Spruill v. . Sanderson
Supreme Court of North Carolina
Special PROCEEDING commenced in the Probate Court'and beard on appeal at Spring Term, 1878, of Tyrrell Superior Court, before If arches, «71 The main facts appear in the opinion.
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Special PROCEEDING commenced in the Probate Court'and beard on appeal at Spring Term, 1878, of Tyrrell Superior Court, before If arches, «71 The main facts appear in the opinion. The plaintiffs, aslced for an account and settlement of the estate of the defendants’ testator, and an order therefor was made by the Probale Judge, from which the defendants appealed; and upon its appearing that the defendants had instituted a proceeding in the proper Court against the feme plaintiff and the other heirs of the defendants’ testator for a settlement of his estate, and a question of fact being raised…
1Opinion of the CourtSmith, C. J.
This action is against the defendants as executors and testamentary guardians under the will of Jesse Sanderson, deceased, for an account and settlement of the testator’s estate. The testator died in August, 1868, leaving.a wife and four children of whom the feme plaintiff is one, to whom he devised and bequeathed his estate. The present suit was commenced on the 21st day of September, 1876, in the Probate Court of Tyrrell county, and the plaintiffs in their complaint charge the defendants with mismanagement and waste, with a failure to make returns of their administration as required by law,…
2Cases cited2 opinions
- Batts v. . WinsteadSupreme Court of North Carolina · 1877
- Barham and Wife v. . Lomax, GuardianSupreme Court of North Carolina · 1875
3Cited by10 opinions
- Syme v. . BadgerSupreme Court of North Carolina · 1887
- Hughes v. . WhitakerSupreme Court of North Carolina · 1881
- E. S. Jaffray & Co. v. BearSupreme Court of North Carolina · 1889
- Wyrick v. . WyrickSupreme Court of North Carolina · 1890
- State Ex Rel. Briggs v. SmithSupreme Court of North Carolina · 1880
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