Smith v. Smith

The plaintiff alleges in his complaint that in addition

to the fraudulent acts and conduct of the defendant in procuring the execution of the deed in question, she breached the fiduciary relationship that existed between the plaintiff and the defendant at the time. On the other hand, the defendant contends the transaction was a purely personal one, wholly unrelated to the administration of the estate of Almon F. Smith, father of the plaintiff.

In the case of Cole v. Stokes, 113 N.C. 270, 18 S.E. 321, Shepherd, C.J., said: “It is well settled that an executor or administrator in dealing with the…