Alston v. Richard Ward's executors

Superior Court of North Carolina

Alston v. Richard Ward's executors

3 N.C. 222

DecidedOctober 15, 1802

StatusPublished

This text of 3 N.C. 222 (Alston v. Richard Ward's executors) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alston v. Richard Ward's executors, 3 N.C. 222 (N.C. Ct. App. 1802).

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Opinion

rT,HE defendant pleaded the act of 1715; to which the plaintiff replied. And there was a verdict, subject to the opinion of the court, whether, as part of the seven years were in the time of the war, that time should be disregarded. Secondly ; whether the executor, having not paid over the assets, is not yet liable by virtue of the act of 1784, ch. 23, which directs “ That as soon-*6,as an administrator- shall have finished his administration on “ such estates, and no creditor shall make any further demand, [223]*223“ the reside of such estate shall be deposited in the treasury, “there to remain without interest, subject to the claim of cre- “ ditors and to the lawful representatives of the decedent, “ without being subject to limitation of time.” The executor is not within the latter part of the act of 1715, ch. 4-8, sec. 9 ; for the law gave to the executor, all that was not disposea of: whereas, that part of the ninth section we are speaking of, directs “ That if it shall happen that any sum or sums of money “ shall hereafter remain in the hands of the administrator after “ the term of seven years, shall be expire:!, and not recovered 6t by any of the kin to the deceased, or by any creditor in that u time : the same shall be paid to the church wardens and ves- “ try, to and for the use of the parish where the said money shall remrin.” As to the administrator, the law made no disposition of the surplus to him ; and therefore it was necessary to say by this clause What should be done in such a case. The case of the administrator only is regulated by the act of 1784, ch. 25,

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rT,HE defendant pleaded the act of 1715; to which the plaintiff replied. And there was a verdict, subject to the opinion of the court, whether, as part of the seven years were in the time of the war, that time should be disregarded. Secondly ; whether the executor, having not paid over the assets, is not yet liable by virtue of the act of 1784, ch. 23, which directs “ That as soon-*6,as an administrator- shall have finished his administration on “ such estates, and no creditor shall make any further demand, [223]*223“ the reside of such estate shall be deposited in the treasury, “there to remain without interest, subject to the claim of cre- “ ditors and to the lawful representatives of the decedent, “ without being subject to limitation of time.” The executor is not within the latter part of the act of 1715, ch. 4-8, sec. 9 ; for the law gave to the executor, all that was not disposea of: whereas, that part of the ninth section we are speaking of, directs “ That if it shall happen that any sum or sums of money “ shall hereafter remain in the hands of the administrator after “ the term of seven years, shall be expire:!, and not recovered 6t by any of the kin to the deceased, or by any creditor in that u time : the same shall be paid to the church wardens and ves- “ try, to and for the use of the parish where the said money shall remrin.” As to the administrator, the law made no disposition of the surplus to him ; and therefore it was necessary to say by this clause What should be done in such a case. The case of the administrator only is regulated by the act of 1784, ch. 25,

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Bluebook (online)

3 N.C. 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alston-v-richard-wards-executors-ncsuperct-1802.