Martin v. . McBryde
Supreme Court of North Carolina
This was an appeal from an order of the Court of Equity of Moore County, at the Spring Term, 1845, his Honor Judge Pearson presiding, overruling a demurrer, which had been filed by the defendants, and directing them to answer over, The plaintiffs state in their bill, that William Martin died ^ yeaj, having made his will in writing, in which he appointed several persons his executors, all of whom died intestate, except Archibald McBryde and Atlas Jones, who are also dead ;…
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This was an appeal from an order of the Court of Equity of Moore County, at the Spring Term, 1845, his Honor Judge Pearson presiding, overruling a demurrer, which had been filed by the defendants, and directing them to answer over, The plaintiffs state in their bill, that William Martin died ^ yeaj, having made his will in writing, in which he appointed several persons his executors, all of whom died intestate, except Archibald McBryde and Atlas Jones, who are also dead ; that the defendant, Lydia McBryde, is the executrix of Archibald McBryde, and Samuel Lancaster, the other defendant, the…
1Opinion of the CourtNash, J.
A demurrer is filed on the part of the defendant, Lydia McBryde.' Several causes of demurrer are assigned, but as two of them are, in the opinion of the court, decisive of the case, it nas not been thought necessary to notice the others, and no more of the case, made by the bill, is stated, than is required to shew the application of the demurrer.
The third special cause of demurrer assigned is, the want of parties. The bill alleges, that Flora Martin is a legatee, under the will of William Martin, and that she is dead, and no person representing her is made a party. From the frame of the bill…
2Cited by1 opinion
- Mitchell v. Mitchell.Supreme Court of North Carolina · 1903