52 N.C. 426 | N.C. | 1860
The plaintiffs, who are attorneys at law and professional copartners, appeared as counsel for Catherine Royal, who propounded the will of her husband, Rezen Royal, for probate, wherein she was named executrix, *329 and they also acted as counsel for her generally in the management of the estate. After the rendition of these services the plaintiffs demanded payment, which the defendant refused, whereupon this suit was brought against her individually, without declaring against her as executrix. The counsel for the defendant asked the court to instruct the jury that as no express promise was made by the defendant to pay this demand, the plaintiffs could not recover.
His Honor refused the instruction, and defendant excepted.
Verdict for plaintiffs. Judgment and appeal.
There is not the slightest foundation for the defense attempted to be set up by the defendant. As the plaintiffs were employed by the executrix to advise and assist her in the probate of the will of the testator, and in the management of his estate, she became liable to them upon a quantum meruit in her individual and not in her official capacity. Their claim against her could not be a debt of the testator, for, say the Court in Hailey v. Wheeler,
PER CURIAM. No error.
Cited: Beaty v. Gingles,