Fairbairn v. . Fisher
Supreme Court of North Carolina
Appeal from an interlocutory order of the Court of Equity of Craven County. The bill was filed to recover from the executors of Thomas Fairbairn, all the residue of his estate, after paying some pecuniary legacies, which is given to the plaintiff by the will of the said Thomas, and, as incident thereto, to take the property out of the hands of the executors, and put it into those of a receiver.
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Appeal from an interlocutory order of the Court of Equity of Craven County. The bill was filed to recover from the executors of Thomas Fairbairn, all the residue of his estate, after paying some pecuniary legacies, which is given to the plaintiff by the will of the said Thomas, and, as incident thereto, to take the property out of the hands of the executors, and put it into those of a receiver. The allegations on which the latter application is based, are : 1st. That they are both using the means of the estate for their own purposes. 2nd. That an angry hostility has arisen between the two…
1Opinion of the CourtBurkin, J.
As the defendant appealed only from that part of the. order which refused his motion to deliver up the bond which he had been required to give, and ordered it to be-retained, the Court does not consider any other question that might be made on other parts of the order. On that, the Court is of opioion, there is error. The effect of the order is, to lay the executor under bonds for his administration of the estate, and the performance of the decrees in the cause, as the alternative of having the estate taken out of his hands,- and put into those of a receiver. We think this is not a case for…
2Cited by3 opinions
- Smith v. HeywardSupreme Court of South Carolina · 1920
- Wilson v. MaddoxWest Virginia Supreme Court · 1899
- Wilkins v. . HarrisSupreme Court of North Carolina · 1864