Garibaldi v. . Hollowell

68 N.C. 251

• Court: Supreme Court of North Carolina
• Decided: January 5, 1873
• Status: Published

Opinion

Reade, J.

The testator, Johnston, had an estate in Chowan county, where he lived and died, which he gave to one Edward Wood, charged with his “ debts in the county of Chowan, and his funeral expenses.” And he also had an estate in Pasquotank county, which he gave to C. W. Hollowell, charging it with his debts owing in that county. And he also owned estates in Halifax and Northampton counties, which he gave to H. J. Futrell, charged with “ any debts I may owe in said counties.” And each of the persons named, was made executor of the particular estate bequeathed and devised to him, charged as aforesaid.

The plaintiff lived in Halifax county at the time of testator’s death, and has lived there ever since. If the testator, Johnston, owed him anything, it was a “debt which he owed in the county of Halifax,” and was a charge upon the estate in Halifax, to be administered by Futrell, of whose estate plaintiff is now administrator.

There is no error. There will be judgment in this Court for the defendant for costs.

Pee Curiam.

Judgment affirmed.