Legal Opinion

McEachern v. . Kerchner

Supreme Court of North Carolina

Decided February 5, 1884PublishedCited by 27 opinions

Special Proceeding for account and settlement, commenced before the cleric, and heard at January Special Term, 1883, of RICHMOND Superior Court, before Graves, J. This was a motion to amend the record in said proceeding, and upon consideration of the same, after argument of counsel, the judge ordered that the judgment of the clerk be reversed, and remanded the proceeding to the probate court to be disposed of according to law, and from this judgment the plaintiff, Margaret…

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Special Proceeding for account and settlement, commenced before the cleric, and heard at January Special Term, 1883, of RICHMOND Superior Court, before Graves, J. This was a motion to amend the record in said proceeding, and upon consideration of the same, after argument of counsel, the judge ordered that the judgment of the clerk be reversed, and remanded the proceeding to the probate court to be disposed of according to law, and from this judgment the plaintiff, Margaret A. McEachern, appealed.

1Opinion of the CourtMerrihoN, J.

In a proceeding duly instituted and pending-in the court of probate of the county of Richmond between the devisees and legatees under the will of John Fairley, deceased, and F. W. Kerchner, administrator with the will annexed of the said John Fairley, to settle and wind up the estate in the defendant’s hands, a judgment by “consent of all the parties” was entered, on the 8th day of August, 1877, with the consent and sanction of the court.

The defendant, afterwards, in the same proceeding, on the 21st day of May, 1881, and after the said proceeding had been ended, filed his petition, wherein he…

2Cases cited2 opinions

  1. A. H. Stump & Sons v. LongSupreme Court of North Carolina · 1881
  2. Edney v. . EdneySupreme Court of North Carolina · 1879

3Cited by27 opinions

  1. Gardiner v. MaySupreme Court of North Carolina · 1916
  2. In Re Estate of MeredithMichigan Supreme Court · 1936
  3. Keen v. ParkerSupreme Court of North Carolina · 1940
  4. Keen v. . ParkerSupreme Court of North Carolina · 1940
  5. Gardiner v. . MaySupreme Court of North Carolina · 1916

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