A Digest of the Statute Law of North-Carolina, Relative to Wills, Executors and Administrators, the Provision for Widows, and the Distribution of in (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1824 edition. Excerpt: ...the assets he had when served with the writ, although such judgments are entered up, when go. And such judgments may he pleaded, . although given by a magistrate for a sum exceed The administrator cannot plead a udgment reeovered at the same term as a plea since the last continuance.--"--C0llins v. Umlerh2'll's exr's. 2. L. Rep. 579. ' ' Executors and administrators are not liable for costs incurred in a suit brought by their testator or intestate, and prosecuted by them after his death. Where they sue in another right, they are not lia-ble for costs of their own goods," they are liable-where they sue in their own right, although they name themselves executors or administrators-. When they sue in another right and fail, having no assets, costs are lost, unless they give bond and security for the costs, and then the security is liable; and this they ought" to do.--Phillips adm'r..v. Coleman, 1 Jlfurph. 102, .Muir's representa tives v. Jlfallett others, 2 Hayw. 137. An executor or admiuistrator_Inay assign the securities of his testator or intestate, without naming himself executo ro radministi-ator.--.N'eill v. JV' ewbern, 1. Jlfurph. 133. Whenever an administrator establishes the plea of "fully administered," he is entitled to judgment and execution for costs, immediately against the plaintiif.--Wellboriz v. Go-rdon's adm'rs 1 Marplz. 502. A. pays to B. his co-executor, a sum of money belongingto'their testators estate; A. and B. die; C. the administrator de bonis non of the testator, brings suit against the representatives of A. who survive B. for an account of testator's estate, the I represe-nta1i.ves of B. who received the money, mustbe made parties.---Quince's...