2 N.C. 317 | Sup. Ct. N.C. | 1796
It is not necessary to make up the special, case ; this action was formerly brought by the administrator of the husband, and determined by two Judges to have been improperly brought for that very reason_ One of the court now' present, on hearing this matter first moved, was inclined to think the action should have been in the name of the administraior of the hm-band, but upon further consideration, he is conv irir.ed of his mistake; and it was occasioned by not distinguí- ing between th> right of property, and tilt, right of ae inn. It is a true position, that the property of this negro was
Note.— Vide Toller’s Law of Executors, 116 & 217, where it is ssid that .¡though it was formerly held that if the husband-dieis before taking’ out administration upon his deceased wife’s choses in action, his representativo will b*. entitled to administer them, yet, it is now established that her next of kin in such case is enlitb-d to the administration, bul he will h. accountable to the husband’s representative for the resume of the property after payment of debts &c. 1 P. Williams 382. Har & But. Co. Litt 351, a. note 1. 4 Burn. Eccl. Law, 235. See also Neale’s Adm’r. v. Haddock, Con. Rep. 75.