Superior Court of North Carolina, 1801

M'Neil v. Administrators of Quince

M'Neil v. Administrators of Quince
Superior Court of North Carolina · Decided July 5, 1801 · HALL, J.
3 N.C. 153

Counsel

Wright , for the plaintiff, cited Cowper, 284, 289; 1 Vent., 120; 2 Cro., 602. Jocelyn, e contra , cited 5 T., 690; Iredell, 209.

M'Neil v. Administrators of Quince

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.