Brown v. . Wilson
Supreme Court of North Carolina
Appeal by plaintiff from Cline, Jat the February Term, 1917, of MECKLENBURG. ' Tbis is an action by Emmie Lemley Brown, administratrix d. b. n. of the estate of E. C. Carson against George E. Wilson, executor of the estate of J. H. Wilson for an accounting. E. 0. Carson died intestate in 1856, leaving surviving him two children, Ella E. Carson and Richardina Carson, and Joseph H. Wilson in the same year qualified as his administrator.
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Appeal by plaintiff from Cline, Jat the February Term, 1917, of MECKLENBURG. ' Tbis is an action by Emmie Lemley Brown, administratrix d. b. n. of the estate of E. C. Carson against George E. Wilson, executor of the estate of J. H. Wilson for an accounting. E. 0. Carson died intestate in 1856, leaving surviving him two children, Ella E. Carson and Richardina Carson, and Joseph H. Wilson in the same year qualified as his administrator. Ella E. Carson became 21 years of age in 1864, married Dr. Lemley in 1868, and died in 1875, leaving the plaintiff, Emmie Lemley Brown, her child surviving her.…
1Opinion of the CourtAllen, J.
The evidence strongly supports the contention of the defendant that the estate of E. C. Carson has been fully administered, and that all of the assets coming to the hands of the former administrator were exhausted in the payment of debts.
It may also be maintained on the record, that if there was a surplus after the payment of debts, as J. H. Wilson was both administrator of the estate and guardian of the infant children, the law would transfer the surplus from the administrator to the guardian under the authority of Ruffin v. Harrison, 81 N. C., 208, affirmed on petition to rehear, 86 N. C.,…
2Cases cited11 opinions
- Grant v. . HughesSupreme Court of North Carolina · 1886
- Eller v. . ChurchSupreme Court of North Carolina · 1897
- Bushee v. . SurlesSupreme Court of North Carolina · 1877
- Ruffin v. . HarrisonSupreme Court of North Carolina · 1879
- Kennedy v. . CromwellSupreme Court of North Carolina · 1891
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3Cited by7 opinions
- Latham v. LathamSupreme Court of North Carolina · 1922
- Peal v. . MartinSupreme Court of North Carolina · 1934
- Latham v. . LathamSupreme Court of North Carolina · 1922
- Washington v. . BonnerSupreme Court of North Carolina · 1932
- City of Washington v. BonnerSupreme Court of North Carolina · 1932
2 more not listed; retrieve them via the Exa API.