M'Neil v. Administrators of Quince

Superior Court of North Carolina

M'Neil v. Administrators of Quince

3 N.C. 153

DecidedJuly 5, 1801

StatusPublished

This text of 3 N.C. 153 (M'Neil v. Administrators of Quince) 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

M'Neil v. Administrators of Quince, 3 N.C. 153 (N.C. Ct. App. 1801).

Pincite

Opinion

ila.il, Judge.

Legacies may be recovered two ways inequity or by petition, and a suit will lie at law upon a promise by executors to pay it. lie 15 under a moral obligation to pay it whea he has assets, and that is a consideration. If he promise in consideration oí forbearance, though there be no assets, that is e-wuugh. It wbi lie against the administrator of the administrator *154 promising: tbe si m paid will be applied as if suit had been against the, promising administrator.

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ila.il, Judge.

Legacies may be recovered two ways inequity or by petition, and a suit will lie at law upon a promise by executors to pay it. lie 15 under a moral obligation to pay it whea he has assets, and that is a consideration. If he promise in consideration oí forbearance, though there be no assets, that is e-wuugh. It wbi lie against the administrator of the administrator *154 promising: tbe si m paid will be applied as if suit had been against the, promising administrator.

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Bluebook (online)

3 N.C. 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mneil-v-administrators-of-quince-ncsuperct-1801.