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Ellington v. Ellington

Supreme Court of North Carolina
Mar 1, 1933
168 S.E. 672 (N.C. 1933)

Opinion

(Filed 29 March, 1933.)

APPEAL by applicants for allowance from Sinclair, J., at November Term, 1932, of WAKE.

Pou Pou and R. L. McMillan for appellants.

Manning Manning, A. B. Breece and Jones Brassfield for appellees.


Petition for partition, with prayer on the part of two of the respondents that executor and trustee be required to file true and correct account of his stewardship, as upon application to surcharge and falsify. The matter was referred, as it involved an accounting, and resulted in benefit to the estate; whereupon application was made for allowance out of the estate of counsel fees to attorneys for the two respondents who demanded that the executor and trustee be called to book. Application denied on the ground that the court "is without power to make such allowance." Appeal by applicants.


Affirmed on authority of Mordecai v. Devereux, 74 N.C. 673, and In re Will of Howell, ante, 437.

Affirmed.


Summaries of

Ellington v. Ellington

Supreme Court of North Carolina
Mar 1, 1933
168 S.E. 672 (N.C. 1933)
Case details for

Ellington v. Ellington

Case Details

Full title:AMZI J. ELLINGTON, TRUSTEE, v. D. D. ELLINGTON ET AL

Court:Supreme Court of North Carolina

Date published: Mar 1, 1933

Citations

168 S.E. 672 (N.C. 1933)
204 N.C. 785

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