Legal Opinion

Burke v. . Turner

Supreme Court of North Carolina

Decided October 5, 1881PublishedCited by 24 opinions

Civil Action on a guardian bond tried at Pall Term, 1881, of Iredell Superior Court, before Seymour, J. The defendant J. M. Turner was appointed the guardian of the feme plaintiff in the year 1866, and the other defendants are the sureties to the bond given by him as such. Trior to such appointment, one Benjamin Turner, her father, had been her guardian and had received portions of her estate.

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Civil Action on a guardian bond tried at Pall Term, 1881, of Iredell Superior Court, before Seymour, J. The defendant J. M. Turner was appointed the guardian of the feme plaintiff in the year 1866, and the other defendants are the sureties to the bond given by him as such. Trior to such appointment, one Benjamin Turner, her father, had been her guardian and had received portions of her estate. In 1866, in contemplation of a resignation of his guardianship., he applied to the county eourt for the appointm-ent -of commissioners to audit his accounts, whieh was done, and after an examination…

1Opinion of the Court

Ruffin, J.,

after stating the case. This ruling of his Honor was acquiesced in by the counsel who argued the cause fo-r|the plaintiffs in this court, and we have not therefore at all considered the question as to what might have been the liability of the new guardian for- failing, to secure the ultimate payment of the fund. The 2nd, 3rd, 4th, 5th and 6th- exceptions of the defendants- all related to. this one item, and need not therefore be again adverted to-.

Most of the exceptions to the commissioner’s report had reference to the amount received from the administrator of David Pickier in…

2Cases cited4 opinions

  1. State Ex Rel. Whitford v. FoySupreme Court of North Carolina · 1871
  2. State Ex Rel . Cummings v. . MebaneSupreme Court of North Carolina · 1869
  3. Shipp, Ex'r v. . HettrickSupreme Court of North Carolina · 1869
  4. State Ex Rel. City of Greensboro v. ScottSupreme Court of North Carolina · 1881

3Cited by24 opinions

  1. Avent v. ArringtonSupreme Court of North Carolina · 1890
  2. Coharie Lumber Co. v. BuhmannSupreme Court of North Carolina · 1912
  3. Pasour v. . LinebergerSupreme Court of North Carolina · 1884
  4. Taylor v. . PopeSupreme Court of North Carolina · 1890
  5. McGowan v. MilnerSupreme Court of Alabama · 1915

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