Bland v. . Hartsoe
Supreme Court of North Carolina
This was a petition by tbe plaintiff as administrator of W. B. Thomas, in the Court of Probate for the County of Chatham, for the purpose of obtaining an order to sell the land of his intestate wherewith to pay the debts of the estate.
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This was a petition by tbe plaintiff as administrator of W. B. Thomas, in the Court of Probate for the County of Chatham, for the purpose of obtaining an order to sell the land of his intestate wherewith to pay the debts of the estate. The heirs at law were made parties defendants, and filed answers in which it was insisted that the personal effects of the intestate were sufficient for the payment of the debts of his estate, and that the sale of the land was unnecessary for that purpose. A reference for an account was made by the Judge of Probate, and upon the coming in of the report of the…
1Opinion of the CourtRodman, J.
By the law of North Carolina the personal estate of an intestate must he first applied to the payment of his debts. It is only when that proves insufficient that an administrator can obtain an order to sell the real estate. In this case it is not alleged that the administrator has exhausted the personal estate in the payment of debts; he says that he gave a part of it to the distributees, and tlm Clerk so finds.
The defendants (who are the heirs of the intestate) except to the report of the Clerk, because:
1. He does not charge the administrator with the note given for a certain horse that was…
2Cited by4 opinions
- Lilly v. . WooleySupreme Court of North Carolina · 1886
- Shields v. . McDowellSupreme Court of North Carolina · 1880
- Blount v. . PritchardSupreme Court of North Carolina · 1883
- Lee v. . BeamanSupreme Court of North Carolina · 1888