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2 N.C. 343

Anonymous

Superior Court of North Carolina · decided 1796-05-15

This was an action against an executor who pleaded plene administravii, and upon evidence it appeared the executor bad really administered all the testator’s assets in payment of his debts; but that a great number of these payments had been made, some upon judgment and others voluntarily, a long time after the plea pleaded, but previous »o this time.

Decided 1796-05-15

Per curiam

¶1The. only thing now to be considered, is, whether the plea of fully administered, were true at the time it was pleaded — not whether it be true at this time. A<>d as it appears that assets, to more than the. amount of Hot demand, have been expended sine this plea, in tne discharge of judgments obtained since the pleading there* *344of, ihe pica of course, could not he true when pleaded.— The Plaintiff had judgment.

¶2Note — Vide Evans v. Norris’s Admr's. post 411. Surv. Partners of Mc. Yaughton and Co. v. Blorker's Admr. post 117. Churchill and Lamotte v. Cameron, Conf. Rep. 555, S. C. 1 Murphey 39. Collins v. Underbill’a Ex'r N. C. L. Repos. 579.

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