Ellis v. Harrison.
Supreme Court of North Carolina
Actiof by O. L. Mills, Administrator of A. M. Harrison, against W. Harrison and others, heard by Judge Jas. L. Webb, at the October Term, 1905, of the Superior Court of Eeanklin. This was an action to determine the respective interests of certain claimants to a fund held by the plaintiff as administrator of Alexander Harrison, deceased, for distribution among his next of kin.
Read the full summary
Actiof by O. L. Mills, Administrator of A. M. Harrison, against W. Harrison and others, heard by Judge Jas. L. Webb, at the October Term, 1905, of the Superior Court of Eeanklin. This was an action to determine the respective interests of certain claimants to a fund held by the plaintiff as administrator of Alexander Harrison, deceased, for distribution among his next of kin. The facts material to a determination of the questions involved and which are admitted show that Alexander Harrison died intestate on August 2, 1903, having his domicile in the State of North Carolina, leaving personal…
1Opinion of the Court
Hoke, J.,
after stating the case: It will be noted that the fund consists solely of personalty and that the claimants at the time of the intestate’s death were and are now all in equal degree — the next of k'in of said intestate. In such case our statute of distributions (Revisal, section 132), and the uniform construction put upon it by our court require that the fund shall be distributed per capita. Skinner v. Wynne, 55 N. C., 41. Bepresentation in this kind of property, when allowed, is only resorted to when it is necessary to bring the claimants to equality of position as next of kin. It…
2Cases cited2 opinions
- Duncan Cromartie v. . A. S. KempSupreme Court of North Carolina · 1872
- Skinner v. . WynneSupreme Court of North Carolina · 1854
3Cited by3 opinions
- In Re Estate of PoindexterSupreme Court of North Carolina · 1942
- Nixon v. . NixonSupreme Court of North Carolina · 1939
- In Re Estate of MizzelleSupreme Court of North Carolina · 1938