Duke v. . Ferebee
Supreme Court of North Carolina
Action of assumpsit, tried before Manly, J., at the last Superior Court of Currituck. Administration on the estate of Abner Robinson was granted in.1811, by the County Court of Currituck, to Samuel W. Eorbes, and he having died in the same year, administration on 1ns estate was granted to Samuel Ferebee. The latter (Samuel Ferebee) afterwards made a will, appointing the defendant his executor and died.
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Action of assumpsit, tried before Manly, J., at the last Superior Court of Currituck. Administration on the estate of Abner Robinson was granted in.1811, by the County Court of Currituck, to Samuel W. Eorbes, and he having died in the same year, administration on 1ns estate was granted to Samuel Ferebee. The latter (Samuel Ferebee) afterwards made a will, appointing the defendant his executor and died. The latter having proved the will and qualified as executor, this suit was brought against him by the plaintiff as administrator de bonis non of Robinson, for a balance due to the estate of…
1Opinion of the CourtBattle, J.
Several objections have been taken to the recovery of the plaintiff in the present case, one of which is so manifestly fatal to the action, that it is unnecessary for us to notice any other. If an executor or administrator die intestate before he has completed the settlement of the estate of his testator, or intestate, by paying the debts, and also by assenting to, or paying the legacies, or making distribution, an administrator de bonis non of such testator or intestate, must be appointed for the purpose of completing such settlement. It was upon that principle, and with that view, the…
2Cited by2 opinions
- Taylor v. . BrookSupreme Court of North Carolina · 1838
- Williams v. . BrittonSupreme Court of North Carolina · 1850