McKoy v. Guirkin & Co.
Supreme Court of North Carolina
Civil action, tried before Montgomery,/., at Spring Term, 1888, of the Superior Court of Pasquotank. John A. Gambrill, having his domicile iti the city of Baltimore, Maryland, died on October 1, 1878, having made a will in form to pass his estate, and appointing Robert Johnson his execulor, which was proved in the proper court in that State, and the executor accepted its tiust and proceeded to carry into effect the dispositions of property contained in the will and settle…
Read the full summary
Civil action, tried before Montgomery,/., at Spring Term, 1888, of the Superior Court of Pasquotank. John A. Gambrill, having his domicile iti the city of Baltimore, Maryland, died on October 1, 1878, having made a will in form to pass his estate, and appointing Robert Johnson his execulor, which was proved in the proper court in that State, and the executor accepted its tiust and proceeded to carry into effect the dispositions of property contained in the will and settle the estate. Among many pecuniary bequests therein made, is one in these words: “ I give in trust to Mrs. Mar}' A. Morgan,…
1Opinion of the CourtSmith, C. J.
(after stating the case). It is plain, if the plaintiff in his representative capacity is entitled to the possession of the fund, his remedy is against the personal representative of the deceased trustee, for whom, under the contract of deposit with the defendants, Guirkin & Co., as agents, they hold, and not against the agents themselves, the latter’s possession being, in legal effect, that of their principal, to whose right such personal representative succeeds.
Affirming the ruling against the plaintiff, the action properly terminated, and it-was error, with the parties then before the…
2Cited by8 opinions
- Rivers v. MillerCourt of Appeals for the Fifth Circuit · 1940
- Cox v. First National Bank of WilsonSupreme Court of North Carolina · 1896
- Darden v. BoyetteSupreme Court of North Carolina · 1957
- Dunwoodie v. . CarringtonSupreme Court of North Carolina · 1816
- Temple v. Board of CommissionersSupreme Court of North Carolina · 1892
3 more not listed; retrieve them via the Exa API.