Spruill v. Cannon
Supreme Court of North Carolina
The bill was filed for an account of the personal estate of Robert Cannon, deceased, of which his son, the defendant, Henry J. Cannon, was the administrator. The intestate died in July, 1833, and the administration was taken in August following. In February, 1834, the widow intermarried with the plaintiff, Samuel B. Spruill, and in August following, he filed this bill against the administrator, and against the other five children o'f the intestate, who were all infants.
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The bill was filed for an account of the personal estate of Robert Cannon, deceased, of which his son, the defendant, Henry J. Cannon, was the administrator. The intestate died in July, 1833, and the administration was taken in August following. In February, 1834, the widow intermarried with the plaintiff, Samuel B. Spruill, and in August following, he filed this bill against the administrator, and against the other five children o'f the intestate, who were all infants. At the same time, a contest occurred between the plaintiff, S. B. Spruill and the defendant, H. J. Cannon, for the…
1Opinion of the Court
Ruffin, Chief Justice,
after stating the case as above, proceeded as follows: We think the former of the plaintiff’s exceptions is well founded. It is against the course of the Court to allow a commission on the value of specific articles. For trouble and responsibility in respect to them, it is usual to have regard in estimating a proper commission on the receipts, properly so called, that is to say, moneys. If the Master had, in this case, therefore, increased the rate of commission on that account, the Court would not have interfered. But we should be reluctant to establish a precedent for…
2Cited by4 opinions
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