Let the rule for a new trial be discharged.
Neil v. Newbern, 5 N.C. 133, 1 Mur. 133 (1806)
June 1806
·
Supreme Court of North Carolina
5 N.C. 133, 1 Mur. 133
Neil, Assignee, vs. Newbern.
rom Edenion.
Verdict for the Plaintiff and rule for a new trial.
The question in this case referred to this Court, was whether an 12x000101' or Administrator can assign the Securities of his Testator or Intestate, without naming himself Executor or Administrator ? Elizabeth Raimeke Executrix of the last will of her deceased husband, assigned the bond on which the suit was brought, to Neil, the plaintiff, without adding to her name the word Executrix. On the tiial, the Plaintiff proved the execution of the bond and *134gave jn evidence Uie will of Raimeke* the Testator* and a certificate of the qualification of the ExecuU'iXt and also proVP(j the assignment, 1 °
*133An executor or administrator may assign the security of his testator or intestate, without naming himself ex»