Superior Court of North Carolina, 1804

Battle v. . Yates

Battle v. . Yates
Superior Court of North Carolina · Decided July 5, 1804 · LOCKE, J.,
3 N.C. 304
Battle v. . Yates

Opinion of the Court

declared his opinion that the application of the surplus by the executor was proper.

And the petition was dismissed.

NOTE. — See Dickens v. Cotton, 22 N.C. 272, and White v. Green,36 N.C. 45, which recognize the rule that an undisposed surplus is the proper fund to be first applied to the payment of debts. See, also, Boon v.Rea, 36 N.C. 71. *Page 274

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