Davidson v. . Potts
Supreme Court of North Carolina
Appeal from the Court of Equity of Haywood county, Fall Term, 1850, his Honor, Judge Dick presiding. John Davidson died in the year 1845. After his death a paper-writing, purporting to be his last will and testament’ was offered for probate in the County Court of Haywood, where he lived and died, by the defendant Potts, who was therein appointed its executor. It was proven in common form, and without notice to any of those interested.
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Appeal from the Court of Equity of Haywood county, Fall Term, 1850, his Honor, Judge Dick presiding. John Davidson died in the year 1845. After his death a paper-writing, purporting to be his last will and testament’ was offered for probate in the County Court of Haywood, where he lived and died, by the defendant Potts, who was therein appointed its executor. It was proven in common form, and without notice to any of those interested. Subsequently, the probate was duly, and by the proper Court revoked, and the letters testamentary called in, the paper-writing again propounded, and an issue oí…
1Opinion of the CourtNash, J.
The bill in this case cannot be sustained in any point of view. The parties, both plaintiffs and defend ants, are the next of kin of John Davidson, standing in equal relation to him, and equally entitled to a due proportion of his personal property — but none of them are entitled, in law, to its present possession, or to call upon a Court of Equity to interfere in its administration. If the next of kin, without the consent of the executor, where there is one, possess themselves of it, they are trespassers, and are accountable to the representative; and, if they take such possession, where…
2Cited by4 opinions
- Spivey v. GodfreySupreme Court of North Carolina · 1963
- Mitchell v. Mitchell.Supreme Court of North Carolina · 1903
- McNair v. . McKaySupreme Court of North Carolina · 1850
- Williams v. . BrittonSupreme Court of North Carolina · 1850