The Court,
gave judgment for the defendant, on the second question.
They gave no opinion on the first question-it being unnecessary in this case. See 4. Ann, 16, 37, 394in
Eaves v. Ex'r of Starkey, 1 N.C. 45, 1 Mart. 45 (1796)
Sept. 1796
·
North Carolina Superior Court
1 N.C. 45, 1 Mart. 45
Newbern,
September Term, 1796.
EAVES & EAVES vs. EX’R of STARKEY, EX’R of EAVES.
ACCOUNT. The jury found the following special verdict viz.
“ That Edward Starkey was executor of Edward Starkey, who “ was executor of Richard Eaves. That Edward Starkey, the first “ testator, came to the possession of fundry negroes, as executor “ of Richard Eaves, hired them out, and received the hire.”
“ That the defendant is the receiver of the plaintiff.”
“ Subject to the opinion of the court, on the two following “questions.”
*46" I. Whether an action of account lies against the executors of " an executor?"
“ 2, Whether it can be sustained to charge an executor as bai " liff, or receiver of legatees?"
Stade for the plaintiff.
Graham for the defendant.