First Security Trust Co. v. Lentz

145 S.E. 780, 196 N.C. 407, 1928 N.C. LEXIS 391

Opinion

Stacy, 0. J.

This is a companion case to another case between the same parties, just decided, and is controlled by what was said in that ease.

The rule respecting the order of affecting assets, or the priority of their application under the provisions of the will as announced in the first case, seems not to have been followed in the court below, hence the present proceedings will be remanded for further action, not inconsistent with the opinion rendered in the other case.

The executor is entitled to proceed in the most expeditious and judicious manner for the settlement of the estate, observing, of course, the order of affecting assets, or the priority of their application, hut it is not required to await the adjustment of ratable contribution among those standing on a parity in this respect.

Error and remanded.