Boatwell's Administrators v. Reynell, 3 N.C. 1, 2 Hayw. 1 (1797)

Oct. 1797 · North Carolina Superior Court

3 N.C. 1, 2 Hayw. 1

Edenton,

October, 1797.

Boatwell's administrators vs. Reynell and wife.

Hf'RQVER for a number of articles purchased by Boatwell in his life time at the sale of one Winburn deceased, whose widow had intermarried with Boatwell, having previously ob» tained letters of administration on the estate of Winborn. A fter the purchase Boatwell died and she married Reynell, who in her right detained the articles so purchased by Boatwell, alledg-ing that an aministrator could no otherwise acquire a property in any articles belonging to the estate of his intestate than by paying the value to a creditor, which here he had not done.

The defendant’s counsel cited office of executor, 89.

■Per curiam,

Haywood only in court.

■Boatwell in right of his wife was the vender by means of the sheriff according to the act of 1762, ch. 5, sec. 10. And it is absurd that the seller shall become the purchaser : to whom shall he give bond and sureties as required by the act? — Surely not to himself; much less to-to the sheriff who is only an instrument and has no interest. The goods yet remain part of the intestates’ estate, arid an execution issued against his assets in the hands of his administrators would attach upon them. An administrator or executor as such can no otherwise become entitled to the goods of his testator than by paying their value to-creditors, as stated in the boric cited.

Verdict and Judgment foi defendant.-