Clarke v. Wineke

Supreme Court of North Carolina
Clarke v. Wineke, 216 N.C. 238 (N.C. 1939)
Stacy

Clarke v. Wineke

Opinion of the Court

Stacy, C. J.

The will in question confers no power of sale on the executor as was the case in Seagle v. Harris, 214 N. C., 339, 199 S. E., 271, cited and relied upon by appellant. It would seem, therefore, that the executor should proceed in the usual way to sell the “further assets” of the estate in order to pay the debts in accordance with the directions of the testatrix. Neighbors v. Evans, 210 N. C., 550, 187 S. E., 796.

The demurrer was properly sustained, though the interpleader will doubtless be permitted to recast his petition. Harris v. Board of Education, ante, 147.

Affirmed.

Reference

Full Case Name
EVELYN CLARKE v. JOSEPH F. WINEKE
Status
Published