Moore v. . Byers
Supreme Court of North Carolina
This was an aetion brought in the Court of Probate for Mecklenburg County by the plaintiff, as executor of James W. Osborne, against the defendants, who were creditors of the estate of the testator.
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This was an aetion brought in the Court of Probate for Mecklenburg County by the plaintiff, as executor of James W. Osborne, against the defendants, who were creditors of the estate of the testator. The material allegations of the complaint were that the testator died on the 9th day of August, 1869, leaving a will of which the plaintiff qualified as executor; that by his will the testator bequeathed certain promissory notes to Ms wife in trust for his niece, Mrs. Byers, who is one of the defendants, and. that after satisfying that trust, the residue of the proceeds of the notes and of all his…
1Opinion of the CourtReads, J.
The statute concerning the settlement of the -estates of deceased persons, fixes the dignity of debts, and directs that each debt shall be paid pro rata, equally in its Class, and forbids executors and administrators to exercise any preference. Act of 1868-’9, ch. 113'. In the argument it was supposed, that this statute prevents the legacy to Mrs. Osborne from taking effect; because it would defeat the policy of the law to allow a testator to prefer one debt to another. On the other side it was insisted, that the testator, in his life time, might have preferred one debt to another, either by…
2Cited by7 opinions
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- Isler v. . KoonceSupreme Court of North Carolina · 1879
- Tally v. . ReedSupreme Court of North Carolina · 1876
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