Underwood's v. Underwood's Heirs

Johnson, President :

John W. McCreery, executor of the last will and testament of J. B. Underwood in April, 1881, filed his bill in the circuit court of- Raleigh county alleging, that the personal estate of his testator was insufficient to pay the debts of the estate, and praying, that the accounts of said executor be settled, that the creditors of the estate be convened, and that after the incoming of the report of a commissioner a sufficient amount of the real estate to pay the debts be sold, if the personal *304assets were insufficient. On the 28th day of June, 1881, the decree states, "that…