Alston v. Weldon's Representives

Decided July 5, 1808

Supreme Court of North Carolina · decided 1808-07-05

From Halifax district. Tois bill was filed in the Court of Equity for Halifax .. ... ■ . - . „ rt . district, against tho representatives and devisees ot Samuel Weldon, deceased, praying that, they might be decreed to to complainants the amount of a debt which the said * Samuel owed to them at the time of his death, Tho court ijaving directed an account to be taken by the master, of tlie principal and interest of the debt due to complainants, and also tfie value of the…

Decided 1808-07-05

Taylor-Judge

¶1 delivered the opinion of the conrts-No. *178 thins appears in this case to shew any consent on the part of the complainants to relinquish the claim which they have-ai?a*nst the defendants, who are chargeable in respect of the property they ¡¡<v.- ;.-s legatees. 1 he whole fund is ¡la-bio to the creditor, and if any one of the legatees pay more than his proportion, it becomes a question of contribution between him and the others ; but is no answer to the creditor, while any thing remains of the tesfafoUs property in his possession'. it is very proper for the court to adjust these proportions for the convenience of the parties? lmr if one legatee remove his share out of the reach of the creditor and without his connivance, he has an undoubted right to procure satisfaction from the others.- — The motion of complainants must therefore be allowed.

Download

Copy

Embed on your site

Hover to preview · click to copy the code

Search Wikipedia →

Case posture

Posture: THIS bill was filed in the Court of Equity for Halifax District against the representatives and devisees of Samuel Weldon, deceased, praying that they might be decreed to pay to complainants the amount of a debt which the said Samuel owed to them at the time of his death. The court having directed an account to be taken by the master, of the (177) principal and interest of the debt due to complainants, and also the value of the several legacies bequeathed to the defendant by the said Samuel in his last will; and the master having made his report, the cause came on to be heard upon the bill, answers, exhibits and master's report, when the court decreed that the complainant recover from the defendants the sum of £ 380 with interest till paid, and that executions issue against Benjamin Weldon, administrator of Penelope Simmons, for the sum of £ 126 13 4; against William Weldon for the sum of £ 42 4 6; against Benjamin Weldon for the sum of £ 42 4 6; against Penelope Weldon for the sum of £ 84 8 10; and against John Carter and Martha, his wife, for the sum of £ 84 8 10; the same being their respective proportions of the said debt, due regard being had to the amount of their several legacies from the personal estate of said testator. And the cause was ordered to be retained for further directions, in case any of the said defendants had become insolvent, or removed themselves and their property out of this State, or any other cause whereby the complainants could not have the effect of their execution against them. It was also ordered that the defendants pay the costs in the same proportion as the debt.

Source: CourtListener

Court

Supreme Court of North Carolina