Dudley v. . Winfield
Supreme Court of North Carolina
The bill was filed by the next of kin of Thomas W. Lilly, deceased, against the defendant as guardian, and afterwards administrator, of the said deceased, for an account and settlement. The defendant, in his answer, submitted to an account; and, upon a reference to the Clerk and Master, he made a report in which he stated the defendant’s accounts, both as guardian and administrator.
Read the full summary
The bill was filed by the next of kin of Thomas W. Lilly, deceased, against the defendant as guardian, and afterwards administrator, of the said deceased, for an account and settlement. The defendant, in his answer, submitted to an account; and, upon a reference to the Clerk and Master, he made a report in which he stated the defendant’s accounts, both as guardian and administrator. One item of charge was the proceeds of certain lands which had descended to the intestate from his grandfather, and which had been sold for partition while he was an infant, under a decree of the Court of Equity…
1Opinion of the Court
Battle, J.,
after stating the case as above: We are of opinion, upon the authority of the case of Scull v. Jernigan, 2 Dev. & Bat. Eq. Rep. 144, that the first exception must be sustained. In that case, it was decided that the proceeds of land, sold for partition under tire Act of 1812, (1 Rev. Slat., ch. 85, sec. 7,) to which an infant is entitled, remain real estate until he comes of age and elects to take them as money. That case has been very recently referred to with approbation in Marsh v. Berrier, 6 Ire. Eq. Rep. 524. Its policy has been sanctioned by the Legislature in the Act of 1846,…
2Cited by4 opinions
- McLean v. . LeitchSupreme Court of North Carolina · 1910
- State Ex Rel. Allison v. RobinsonSupreme Court of North Carolina · 1878
- Brown v. CowperSupreme Court of North Carolina · 1957
- Privott v. . WrightSupreme Court of North Carolina · 1928