Carter v. . Greenwood

58 N.C. 410

• Court: Supreme Court of North Carolina
• Decided: August 5, 1860
• Status: Published

Opinion

PeaRson, O. J.

There is no error in the decretal order appealed from. By the plaintiffs’ own showing, “ for the purpose of saving the expense and trouble of a regular administration,” they took possession of the estate of Samuel Carter and divided it out among themselves; thus acting in direct violation of the statute, which prohibits such an irregular in-termeddling with the estate of a deceased person, and subjects the parties to a penalty. It follows that the courts cannot aid or protect them from the consequences of their own illegal acts. This is settled, Ramsay v. Woodward, 3 Jones 508; Sharp v. Tanner, 4 Dev. and Bat. 122. The case admits of no further discussion at this stage of the proceeding.

Pbk Cubiam, Decretal order affirmed.