Public-domain · open source
OpenJurist

73 N.C. 380

Wetherell v. Gorman

Supreme Court of North Carolina

Decided June 15, 1875

Supreme Court of North Carolina · decided 1875-06-15

Special Proceeding, for the sale of real estate for assets, commenced in the Probate Court, and thence removed into the Superior Court of Ware county, and tried at June Term, 1875, before his Honor, Judge Watts.

Decided 1875-06-15

PeaksoN, J.

¶1The well prepared brief of the counsel for the plaintiff leaves us but little labor.

¶2The sale of land by a fiduciary on 4th April, 1865, for Confederate money, could scarcely be supported under any circumstances against the interests of the beneficiaries. Besides that, the will does not authorize the executrix to sell the land. The widow had the right to dissent from the will and take dower *384and leave the debts of the estate a charge upon the lot in question. Ransom v. Ransom, 68 N.C.R., 231.

¶3There should be an order for the sale of the land as prayed for to pay debts, and there should be an account with Whitaker reimbursing him the value of what he paid for the land and charging him with rents and profits. Moore v. Shields 78 N. C. Rep., 327.

¶4There is no error. This will be certified, &o.

Pee CdeiaM.

¶5Judgment affirmed.

/73/nc/380 · .json · Public domain