Administrator of Schaw v. Heirs of Schaw, 1 N.C. 125, 1 Tay. 125 (1799)

May 1799 · North Carolina Superior Court
1 N.C. 125, 1 Tay. 125

Administrator of R. Schaw versus the Heirs of Robert Schaw.

IN a collateral issue made up under the direction of the court, between the heir and administrator, the latter in his account against the estate had raised a charge, for his trouble and services, in performing the duties of an administrator. Upon the question whether such a charge was proper.

An administrator is not entitled to claim any thing for loss of time and personal services.

Haywood, J.

By the act of 1789, cap. 23. sec. 2. The administrator, shall retain in his hands no more of the intestate’s estate, than amounts to his necessary charges and disbursments, and such debts as he may legally pay within two years after the administration granted. For actual expenditures, therefore, he is entitled to an allowance, but not for loss of time and personal services.*