State v. Jessup

HEDRICK, Judge.

Assignments of error one and eight present the question of whether the allegation in the bill of indictment properly laid the ownership of the subject of the larceny, $20,100, in the “estate of W. M. Jessup, deceased.” A proper bill of indictment for larceny must allege the ownership of the property stolen. State v. McKoy, 265 N.C. 380, 144 S.E. 2d 46 (1965) ; 5 Strong, N. C. Index 2d, Larceny, § 4.

Personal property is said to vest in the executor or administrator upon the decedent’s death. Spivey v. Godfrey, 258 N.C. 676, 129 S.E. 2d 253 (1963); Allen v. Currie, Commissioner…