Burwell v. Snow

• Decision Date: 27 October 1890
• Citation: 11 S.E. 1090,107 N.C. 82
• Court: North Carolina Supreme Court
• Parties: Burwell . v. Snow et al.

11 S.E. 1090

107 N.C. 82

Burwell .

v.Snow et al.

Supreme Court of North Carolina.

Oct. 27, 1890.

Deed—Estate Conveyed.

Intestate's heirs at law were plaintiff and four other children. Intestate had on his life a policy of insurance for the benefit of his wife and five children. By consent of the beneficiaries the administrator collected and used the insurance money in paying decrees against decedent. Thereafter, plaintiff executed to one N., as trustee, a deed of all plaintiff's "right, title, interest, claim, and demand, in and to the estate of his deceased father, * * * including his interest in the tract of land, * * * the said interest in said estate and land being one undivided one-fifth interest therein. " Held, that the deed conveyed only plaintiff's interest as heir, and not his claim against the estate, by reason of the insurance money which had been expended for it by consent of the beneficiaries.

Appeal from an order of Boykin, Judge, made at February term, 1890, of Vance superior court.

On the 12th day of August, 1884, Henry H. Burwell died in the county of Vance, possessed of a large and valuable estate in Vance and Granville counties, and also a valuable plantation in Mecklenburg county, Va. His heirs at law were plaintiff, Samuel Burwell, and four other children. J. S. Burwell qualified as administrator a few days after his death. The said Henry H. Burwell had a policy on his life in the Connecticut Mutual Insurance Company in the sum of $10,-000, for the benefit of his wife and five children, to-wit: Harry H., Nannie H., Joseph S., Carrie S., and Samuel Burwell, the plaintiff. On the——— day of———, 1884, the said Joseph S. Burwell, as agent for the widow and said five children, collected said insurance money, and, with their consent, paid the same, as administrator of Henry H. Burwell, deceased, on the —— day of———, 1884, to the Bank of Mecklenburg, Va., in discharge of certain decrees of the circuit court of Mecklenburg county, Va. against said Henry H. Burwell, deceased, taking no assignment of said decrees to any one. Afterwards, to-wit, on the 11th day of September, 1886, the said Samuel Burwell executed a deed of trust to Andrew J. Harris, trustee, for the benefit of T. D. Neal, Jr., "on all his right, title, interest, claim, and demand in and to the estate of his deceased father, H. H. Burwell, including his interest in the tract of land in Mecklenburg county, Virginia, known as the Rawlins Farm, 'the said interest in said estate and land being one undivided one-fifth interest therein." Said deed in trust was recorded in Vance county on the 13th September, 1886, and in Mecklenburg county, Va., in a few days after May term, 1888, of Vance superior court. The debt secured in said deed in trust is still due and owing. At the October term, 1885, of Vance superior court, J. D. Cooper and others, R. A. Bul lock, executor, and John Hargrove, instituted their several suits against the said J. S. Burwell, administrator, and the heirs at law, to collect debts due them by the intestate, Henry H. Burwell, deceased. At February term, 1887, of Vance superior court, these cases were consolidated, and referred to W. H. Cheek, as referee, who filed his report on the 15th October, 1887. At the May term, 1888, of Vance superior court, a decree was made, in which, among other things, it is adjudged "that so much of the report as ascertains and states the indebtedness of the estate of H. H. Burwell, deceased, be, and the same is, hereby confirmed, with the amendment thereto that the sum of eleven thousand two hundred and fifty-two 98-100 dollars paid to the Bank of Mecklenburg shall be a debt against said estate in favor of Susan C. Burwell, H. H. Burwell, Joseph S. Burwell, Samuel Burwell, Nannie Landis, and Carrie Marrow, in equal proportions; but, it appearing to said court that the said H. H. Burwell and Jos. S. Burwell are indebted to said estate in sums greater than their interest in said debts, their 2-6 interest therein is hereby declared to be discharged and paid. * * * It appearing to the court that the above-stated indebtedness of Mrs. Susan C. Burwell, H. H. Burwell, Joseph S. Burwell, Samuel Burwell, Nannie Landis, and Carrie Marrow, in respect to money advanced to pay off the debt of the intestate, was paid in two judgments or decrees in the circuit court of Mecklenburg county, Virginia, and that the intestate was the owner of one-half of a tract of land in said county and state known as the 'Rawlins Farm, " and which said interest is worth, according to the report of the referee, $6,000, and which they have agreed to take at said value, in part payment of the same debt, and which the court finds for the best interest of the estate; and the said estate and the said land is hereby declared to be the property of the said four parties. It is therefore...