Hamlin v. Mebane
| Citation | 54 N.C. 18,1 Jones 18 |
| Court | United States State Supreme Court of North Carolina |
| Decision Date | 31 December 1853 |
| Parties | WILLIS A. HAMLIN, ADM'R. v. JAMES MEBANE, EX'R. AND OTHERS. |
A delay of nineteen years and eleven months to sue for a legacy, consisting in stock, connected with the fact that suit had been brought for other legacies claimed under the same will, and with the further fact that the stock had been sold publicly, and the proceeds appropriated by the Executor, who claimed as next of kin, authorises a presumption of satisfaction or abandonment of the claim.
Cause removed from the Court of Equity of Chatham County, at Fall Term, 1852.
John B. Mebane, of the County of Chatham, devised and bequeathed to his daughters, Cornelia and Martha Anne, as follows: “I give and bequeath to my two daughters, Cornelia and Martha Anne Mebane, and their heirs forever, the following property, to be equally divided between them, agreeable to value, whenever either of them shall marry or come of lawful age; that is to say: all my land, with the appurtenances, lying on Hickory Mountain, in the county of Chatham; the whole of my negroes, with their increase until that time; (if I mistake not, at this time thirty-two in number); and twelve shares of stock which I hold in the Cape Fear Navigation Company.”
John Mebane and Joseph John Alston were named as executors in the will, and qualified. Cornelia married one Charles Hamlin, and died without bearing any children in the life-time of her said husband Charles Hamlin, and before her sister Martha Anne, who is since dead. A record of the pendency of a suit, by the husband of Cornelia, against the executors of John B. Mebane, for the recovery of her part of the slaves bequeathed in the will of John B. Mebane, (in which there is no allegation of claim for the stock,) is filed as an exhibit in the cause. This bill is filed against James Mebane, the executor of John Mebane, and against Rives and Jackson, the executors of Joseph John Alston, (which two, James Mebane and J. J. Alston, were the executors, as above stated, of John B. Mebane,) by Willis Hamlin, administrator of Cornelia, for an account, and for recovery of the twelve shares of Navigation stock, with the accruing dividends and interest on the same.
Mary Anne's share of the stock in question was sold at public auction to the highest bidder, by the executor of John Mebane, and the money collected, and appropriated by him, as her next of kin, to his own use.
The defendants in their answer insist, among other things, upon the length of time, and the circumstances, as evidence that this claim had been paid and satisfied, or abandoned.
The cause was set for hearing on the bill, answer and exhibits, and transferred to this Court.
Moore, and G. W. Haywood, for plaintiff .
Phillips and J. H. Bryan, for defendants .
The plaintiff's intestate married in April, 1831; the bill is filed March, 1851; so that there has been twenty years, wanting one month, since the ward had a right to demand, and it became the duty of the guardian to make a settlement. No explanation is offered for this delay, save that the intestate...
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Lynch v. Johnson
... ... of which the plaintiff claimed that he paid $275 to Johnson ... for a half interest. It is now worth $4,000. In Hamlin v ... Mebane, 54 N.C. 18, it was held that equity would hold ... less than 20 years an abandonment. See citations in Anno. Ed ... ...
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In Re Dupree's Will.
...N. C. 422, 19 S. E. 365; Headen v. Womack, 88 N. C. 468), though a shorter time has been allowed to prevail here, as in Hamlin, Adm'r, v. Mebane, 54 N. C. 18. Where the principle does apply unless otherwise expressly regulated, it is independent of the statute of limitations, and while it r......
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In re Dupree's Will
... ... Brower, 114 N.C. 422, 19 S.E. 365; Headen ... v. Womack, 88 N.C. 468), though a shorter time has been ... allowed to prevail here, as in Hamlin, Adm'r, v ... Mebane, 54 N.C. 18. Where the principle does apply ... unless otherwise expressly regulated, it is independent of ... the statute ... ...
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Ward v. Ward
...1850--so that ten years had not elapsed between the alleged settlement and the filing of the bill or the issuing of process. In Alston and Mebane, 54 N.C. 18, the Court decided that the lapse of nineteen years and eleven months after the action should have been brought, without a reference ......