Fike v. . Green
Supreme Court of North Carolina
Exceptions to a report, made in an action of Debt against executors upon a bond given by their testator, tried before Tourgee, J., at Spring Term 1870, of Chatham Court.
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Exceptions to a report, made in an action of Debt against executors upon a bond given by their testator, tried before Tourgee, J., at Spring Term 1870, of Chatham Court. Tbe Commissioner, to whom a reference bad been made as to tbe state of tbe assets, reported that tbe testator, at tbe time of bis death, in April 1863, owned no personal estate of any consequence, excepting seventeen slaves bequeathed to bis executors, and which bad previously been placed in their bands; that be also owned land which be devised to bis executors, tbe defendants E. N. and J. M. Green; that, besides tbe debt in…
1Opinion of the CourtDick, J.
Tbe first exception to tbe report of tbe Eeferee is, that be did not charge tbe executors with tbe value in 1863 of seventeen negroes belonging to tbe estate of tbe' testator. It appears in evidence that tbe testator died in April 1863, leaving no personal property except tbe seventeen negroes mentioned in tbe exception, and they bad been put into tbe possession of bis children sometime before bis death. There were a few small debts against tbe estate, and these were paid off by tbe executors. Tbe testator was surety to tbe debt of tbe plaintiff, and the principal, John M. Green was amply…
2Cases cited1 opinion
- Wadsworth v. . Davis, Adm'rSupreme Court of North Carolina · 1869
3Cited by4 opinions
- Linker v. . LinkerSupreme Court of North Carolina · 1938
- Fisk v. JeneweinWisconsin Supreme Court · 1889
- Hawkins v. . CarpenterSupreme Court of North Carolina · 1883
- Green, Ex'r v. . Green .Supreme Court of North Carolina · 1873