Ryden v. Jones

• Decision Date: 31 December 1821
• Citation: 8 N.C. 497
• Court: North Carolina Supreme Court
• Parties: RYDEN v. JONES.

8 N.C. 497

RYDEN

v.JONES.

SUPREME COURT OF NORTH CAROLINA

DECEMBER TERM, 1821.

An executor shall not be permitted to become a purchaser at a sale made by him as executor, notwithstanding such sale be public, necessary, fair., for full price, and that those interested were present and assented to the sale.

THIS was a petition, filed originally in 1816, in the County Court of CRAVEN, by James Ryden, administrator of Elizabeth Ryden and Mary Savanoe, showing that Michael Hyman, the younger, being seized and possessed of a large real and personal property, in 1793 duly made and published his last will, whereby, after some specific legacies, he gave all the residue of his estate to his four sisters, Margaret, wife of Peter Vendrick; Sydney, wife of. Edward Bowen; Mary Savanoe, the petitioner, and Elizabeth Ryden, the intestate of the petitioner, James. Of this will he appointed James Hyman executor, who qualified and took into possession the personal property of his testator. The petitioners stated that, among other personal property not specifically bequeathed, was a negro slave, named Frank, which Hyman, the executor, pretended to claim as his own property, whereas it belonged to the estate of his testator, and the residuary legatees were entitled to distribution of the said negro and of the profits of his labor from the time of Michael Hyman's death; that James Hyman died without making any settlement of his accounts as executor, but leaving a last will, whereof he appointed Jones, the defendant, executor, who qualified and took into his possession the assets of Michael Hyman left unadminis-tered by James Hyman, and also the assets of James Hyman; that Jones also took into his possession and retained and employed the negro slave, Frank, and received large sums as the profits of his labor; that James Hyman, in his life-time, and Jones, since his decease, had satisfied the claims of Peter Vendrick and Edward Bowen, but refused to make any satisfaction to the petitioners for their shares. The petition prayed that Jones might set forth an account of the assets of Michael Hyman that came to his hands and to the hands of his testator, James; that he might answer especially whether Frank was not part of the estate of Michael Hyman ; that Frank might be sold or valued and the petitioners receive their respective shares of his value; and that a full account of the distribution or application of the estate of Michael Hyman by James might be shown.

The answer of Jones stated that he had no knowledge which would enable him to say what assets of Michael Hyman came to the hands of James, but referred to the returns of James Hyman made to Craven Court; that he, this defendant, never had any assets of Michael Hyman in his hands, to his knowledge or belief; that his testator, James, had paid and satisfied Lewis Savanoe, husband of the petitioner, Mary Savanoe, whatever legacy, right, interest or demand she had, and had the release of said Lewis and Mary to produce; that he was ignorant whether

James Hyman ever settled with Elizabeth Ryden and her husband, Benjamin, or either of them, for any claim they might have under the will of Michael Hyman, or not; that, as to the slave, Frank, he had understood and believed that he was part of the estate of Michael Hyman, sold by James Hyman, as his executor, and purchased fairly at a public sale of the effects of the said...