Creech v. . Grainger
Supreme Court of North Carolina
This was a civil action, tried before Graves, J., at February Term, 1890, of LeNOIR Superior Court, on exceptions to the report of a referee in overruling the demurrer of the defendant.
Read the full summary
This was a civil action, tried before Graves, J., at February Term, 1890, of LeNOIR Superior Court, on exceptions to the report of a referee in overruling the demurrer of the defendant. The plaintiff alleged— 1. That R. G. Creech died on the 5th day of January, 1880, leaving him surviving the plaintiff, his widow. 2. That R. G. Creech died leaving a last will and testament, in which Travis E. Hooker was appointed his executor, and the said Hooker was duly qualified as executor by the Probate Court of Greene County on the — day of-, 1880, and immediately entered upon the discharge of his…
1Opinion of the Court
Clark, J.:
The demurrer to the second cause of action should have been sustained. This cause of action is based upon'the allegation that by the will the interest on the sum of $6,000 was devoted to the maintenance and education of the children. A reference to the will, item 3, as set oút in the record, shows that such interest was devoted to the education of the children only. This cause of action seeks to apply it to the maintenance of the children, and could not have been maintained against the executor himself if living. Clauses two and four of the will appropriate the profits of the…
2Cases cited1 opinion
- Young v. . YoungSupreme Court of North Carolina · 1887
3Cited by4 opinions
- State Ex Rel. Clark v. PeeblesSupreme Court of North Carolina · 1897
- Welch v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1946
- Wachovia Bank & Trust Co. v. W. H. King Drug Co.Supreme Court of North Carolina · 1940
- Murphy v. . ReedSupreme Court of North Carolina · 1920