In Re Gorham
Supreme Court of North Carolina
Appeal by both parties from Lyon, J., at chambers, on case agreed,, February, 1919, from Cumberland. A controversy having arisen between E. E. Gorham, administrator of the estate of John C. Gorham, and the commissioner appointed to sell the lands of his intestate to create assets for the payment of the debts, of the estate, on the one hand, and Mrs. Georgia Chedester, the intestate’s widow, who has since married II.
Read the full summary
Appeal by both parties from Lyon, J., at chambers, on case agreed,, February, 1919, from Cumberland. A controversy having arisen between E. E. Gorham, administrator of the estate of John C. Gorham, and the commissioner appointed to sell the lands of his intestate to create assets for the payment of the debts, of the estate, on the one hand, and Mrs. Georgia Chedester, the intestate’s widow, who has since married II. C. Chedester, on the other, and wishing the same to be determined without action they submitted a case, the material parts of which are as follows: 1. That John C. Gorham died…
1Opinion of the CourtAllen, J.
Tke appeal presents three questions for decision:
1. Were tke witnesses Ellington and Lilly competent under section 1631 of tke Revisal to testify tkat Cotton and Gorkam held tke title to tke McKetkan lots as selling agents for tke bank of wkick they were stockholders ?
2. If competent to testify, is tke administrator estopped by tke special proceedings to sell lands for assets?
3. What are tke rights of tke widow of John C. Gorkam as to interest on tke value of ker dower in tke proceeds of lands sold and as to rents ?
1. Tke interest, wkick disqualifies one from testifying under section 1631 of…
2Cases cited8 opinions
- Helsabeck v. . DoubSupreme Court of North Carolina · 1914
- Love v. . McClureSupreme Court of North Carolina · 1888
- Efland v. . EflandSupreme Court of North Carolina · 1887
- Spencer v. Weston's HeirsSupreme Court of North Carolina · 1835
- Campbell v. . CampbellSupreme Court of North Carolina · 1856
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Price v. . EdwardsSupreme Court of North Carolina · 1919
- Poindexter v. FIRST NATIONAL BANK OF WINSTON SALEMSupreme Court of North Carolina · 1958
- Gibbs v. BarksdaleSupreme Court of Oklahoma · 1947
- In Re the Will of StimpsonSupreme Court of North Carolina · 1958
- Booth v. First National BankOregon Supreme Court · 1960
2 more not listed; retrieve them via the Exa API.