{
  "id": 2088548,
  "name": "McKAY AND DEVANE v. JOHN ROYAL AND WIFE",
  "name_abbreviation": "McKay v. Royal",
  "decision_date": "1860-06",
  "docket_number": "",
  "first_page": "426",
  "last_page": "427",
  "citations": [
    {
      "type": "nominative",
      "cite": "7 Jones 426"
    },
    {
      "type": "official",
      "cite": "52 N.C. 426"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2519,
    "ocr_confidence": 0.459,
    "pagerank": {
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    "sha256": "a442c062dce6ca79658506448c50311edd102f86e16c0a5ab5d33918c078c0af",
    "simhash": "1:9fefcd834288bdaf",
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  "last_updated": "2023-07-14T15:16:19.129964+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "McKAY AND DEVANE v. JOHN ROYAL AND WIFE."
    ],
    "opinions": [
      {
        "text": "Battle, J.\nThere is not the slightest foundation for the defense attempted to be set up by the defendant. As the plaintiffs were employed by the executrix to advise and assist her in the probate of the will of the testator, and in the management of his estate, she became liable to them upon a quantum merwit in her individual, and not in her official capacity. Their claim against her could not be a debt of the testator, for, say the Court, in Hailey v. Wheeler, 4 Jones\u2019 Rep. 159, \u201cit is not possible to conceive how a debt of the testator can be created by matter occurring wholly in the executor\u2019s time. If an executor make an express contract in reference to- the- property of the estate, as, if he employ one to cry the sale of the property, as auctioneer, this is not a debt of the testator.\u201d\u2014 So, in the present case, the executrix having employed the plaintiffs as her attorneys and counsellers, though in relation to the business of the estate of her testator, the debt is hers, and she must pajr it, and if the disbursement be a proper one, she will be allowed a credit for it in the settlement of her account with the estate. This is common learning, and it is unnecessary to enlarge upon it, or cite any other authority in support of it.\nPee Cueiam,\nJudgment affirmed.",
        "type": "majority",
        "author": "Battle, J. Pee Cueiam,"
      }
    ],
    "attorneys": [
      "Eowle and E. G. Haywood, for the plaintiffs.",
      "No counsel appeared for the defendants in this Court."
    ],
    "corrections": "",
    "head_matter": "McKAY AND DEVANE v. JOHN ROYAL AND WIFE.\nThe debt made by one acting as executor in employing counsel after the testator\u2019s death, to advise and assist such executor in the discharge of his duties, is 4 personal debt, and not one against the executor as such.\nAotioN of assumpsit, tried before SiiepheRd, J., at the last Spring Term of Sampson Superior Court.\nThe plaintiffs, who are attorneys at law, and professional co-partners, appeared as counsel for Catharine Royal, who propounded the will of her husband, Rezen Royal, for probate, wherein she was named executrix, and they also acted as counsel for her generally, in the management of the estate.- \u2014 \u25a0 After the rendition of these services, the plaintiffs demanded payment, which the defendant refused, whereupon this suit was brought against her individually, without declaring against her-as executrix. The counsel for the defendant asked the Court to instruct the jury that as no express promise was made by defendant to pay this demand, the plaintiffs could not recover.\nITis Honor refused the instruction, and defendant excepted.\nYerdict for plaintiffs. Judgment and appeal.\nEowle and E. G. Haywood, for the plaintiffs.\nNo counsel appeared for the defendants in this Court."
  },
  "file_name": "0426-01",
  "first_page_order": 434,
  "last_page_order": 435
}