Neill v. Wilson

• Decision Date: 04 December 1907
• Citation: 59 S.E. 674,146 N.C. 242
• Parties: NEILL et al. v. WILSON et al.
• Court: North Carolina Supreme Court

59 S.E. 674

146 N.C. 242

NEILL et al. v. WILSON et al.

Supreme Court of North Carolina

December 4, 1907

Appeal from Superior Court, Gaston County; Ward, Judge.

Controversy without action between Mrs. Minerva Neill and others and F G. Wilson and others. From the judgment, Neill and others appeal. Affirmed.

Controversy without action, regularly submitted and determined. From the facts agreed upon it appears: That defendants' intestate Robert Q. Wilson, died on September 10, 1904, leaving him surviving, as next of kin and distributees under the law, his mother and several brothers and sisters, among the last, Mrs Elizabeth Quinn, wife of J. R. Quinn. That defendant F. G Wilson was qualified as administrator of intestate on September 15, 1904. Mrs. Elizabeth Quinn died on September 30, 1904, and on October 24, 1904, her surviving husband, J. R. Quinn, was duly qualified as her administrator, and said J. R. Quinn having become non compos mentis, E. L. Wilson, one of the plaintiffs, became administrator de bonis non of Elizabeth Quinn, deceased, and also guardian of J. R. Quinn. That defendant, administrator, has on hand an amount of money arising from a recovery had by said defendant by reason of negligence of a railroad company causing the death of intestate. That action against the company for such wrongful act was begun November, 1904, judgment obtained in December, 1904, and amount was paid on 11th of January, 1905. And the question presented, on these and other facts stated, is whether E. L. Wilson, one of the plaintiffs, administrator de bonis non of Elizabeth Quinn and guardian of the husband of Elizabeth Quinn, who had been her qualified administrator, is entitled to her proportion of the fund as distributee. The judge below held and entered judgment as follows: "This cause coming on to be heard upon the statement of the facts in the case agreed, and after hearing arguments and duly considering the same, now, upon motion of O. F. Mason, attorney for E. L. Wilson, administrator d. b. n. of Mrs. Elizabeth Quinn, it is adjudged by the court that the said E. L. Wilson, administrator as aforesaid, is entitled to recover, and that he do recover of the defendant F. G. Wilson administrator of the estate of Robert Q. Wilson the sum of $628.34, the admitted balance in his hands, which sum, in the opinion of the court, belongs to the estate of the said Elizabeth Quinn under the facts agreed upon as aforesaid. It is further adjudged that Mrs. Minerva Neill, Mrs. Daisy Hutchison, Willis Wilson, Connie Wilson, Charles Wilson, Rebecca Wilson, and Shelton Wilson have received their full share of the estate of Robert Q. Wilson, as well as their share in the fund recovered from the Southern Railway Company by F. G. Wilson, administrator of Robert Q. Wilson, and the said parties are therefore excluded from participating in the funds in controversy. It is adjudged that the administrator F. G. Wilson pay the costs of this proceeding out of the said funds." From the judgment, the distributees, other than E. L. Wilson, administrator and guardian, appealed.

A. G. Mangum, for appellant.

O. F. Mason, for appellees.

HOKE J.

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