Jarratt v. Lynch

Citations

• 106 N.C. 422

Syllabus

<p>Administrator de bonis non — Settlement of Estate — Collateral Attack on Judgment — Evidence.</p> <p>1. It is the duty of an administrator cl. b. n. to complete the settlement of his intestate’s estate, and the distributees must look to him for settlement.</p> <p>2. Where an administrator d. b. n. brought suit against the administrator of the former administrator for a settlement of the estate, which suit was settled by a compromise judgment and the amount recovered duly distributed: Held, in an action by the administrator of the former administrator upon a bond given to him by one of the distributees for certain personal property purchased at his administrator’s sale, and with which his estate had been charged in the settlement with the administrator cl. b. n., that the judgment in said suit could not be attacked in this action; that, upon the testimony, there was no evidence of fraud to go to the jury, and that the plaintiff was entitled to recover.</p> <p>3. The admission of the contents of a' letter written by an attorney is no ground for a new trial, when there is afterwards evidence as to the same fact, substantially, as that contained in the letter, especially when it does not appear that the defendant was prejudiced.</p>