{
  "id": 11277505,
  "name": "MARTHA E. DORTCH and others v. WM. T. DORTCH, Adm'r., and others",
  "name_abbreviation": "Dortch v. Dortch",
  "decision_date": "1874-06",
  "docket_number": "",
  "first_page": "224",
  "last_page": "227",
  "citations": [
    {
      "type": "official",
      "cite": "71 N.C. 224"
    }
  ],
  "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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  "last_updated": "2023-07-14T17:06:20.176490+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "MARTHA E. DORTCH and others v. WM. T. DORTCH, Adm\u2019r., and others."
    ],
    "opinions": [
      {
        "text": "Settle, J.\nThe material facts are, that in 1854 the defend-, ants became the administrator of L. J. Dortch, who died in that year in Edgecombe county, leaving a widow and three children, who are the plaintiffs in this action. That the plaintiffs removed to and became residents of the State of Mississippi. Some time before the filing of this petition, which was .at Fall Term, 1859, and that the three children, all infants, had no \u2022 guardian in this State. That the estate of the intestate, L. J. Dortch, was much involved in litigation, requiring numerous - suits and much delay in its settlement; that the defendant having, money in his hands belonging to the estate, with suits' pending .\u2022 against him, which he might be called upon to'answer, and' further, having no one in the State to whom he'could pay the money, invested it by loan to one George \"W\". Collier, on what is admitted to have been good personal security, but what after-wards became worthless by the results o\u00ed the war. That the defendant in 1867, in order to secure this fund, took the note of the said Collier for the same, and secured the note by mortgage on land, which is alleged to be amply sufficient to pay the debt; that in consequence of protracted litigation the Col- \u25a0 lier land has not yet been sold.\nAt Spring Term, 1872, an order was made appointing a-commissioner to state the account of the administration by the defendant.\nA report was made, and exceptions filed, and the controversy is now narrowed down to a single point which arises upon thair portion of the report, which is as follows :\n\u201c It further appearing that George W. Collier was indebted \u25a0 to the estate, (meaning that he had borrowed money belonging \u25a0 to the estate of the intestate, from the defendant,) and'that he became insolvent by the results of the war, and that the administrator took his note on the first day of February, 1867,. secured by mortgage on real estate, which is amply sufficient to secure the payment of said note, the collection of which has-been delayed by much litigation, I report that the sums dire-the plaintiff should be paid out of said note when collected, the-amount of said note being more than sufficient to pay the sums \u2022 reported.\u201d\nThe plaintiff excepted to the report of the commissioner, finding that they should be paid out of the proceeds of the Collier note and mortgage, insisting that they were entitled to-an immediate judgment; and his Honor sustained the exception from which ruling' the defendant appealed.\nThe question at once presents itself: Did the defendant act In good faith, and with due diligence in his transactions with Collier?'\nThe authorities cited by Mr. Haywood, in his-well considered brief, establish beyond question :\n1. That when an executor or administrator has money of the estate in his hands, and there' are no- reasons why he should retain it, and he has an. opportunity of paying it over to the legatees or next of kin, he should do so, and will not be heard to say that he had loaned it out, for the sake of interest.\n2. If there are reasons why he should retain it,- in order to meet the exigencies of his office, or as in our case, to pay debts, if established, or because there was no one here authorized to receive it, he is not only permitted but- encouraged to invest it in interest-bearing securities, for the benefit of the fund.\n3. An administrator is not required to insure the estate of his intestate, but he is required to be honest, faithful and diligent.\nLet us apply these principles to the case before us,\nThe defendant, in the early part of his administration, had \u25a0two reasons for retaining the fund, either of which was snf-\u2022ficient, and -having once invested it, the result is likely to prote \u25a0that he'has been much more fortunate in-his investment, and management of the fund than nine-tenths of those who have had the management of trust funds during and since the war. No one'will say that he ought to have collected depreciated \u25a0currency during the war; and those who have witnessed the \u25a0general wreck of fortunes since the war will hardly believe that one who is about to save all that was entrusted to him, is not both faithful and diligent.\n\"What we have said disposes net only of the main question, 'but also of the exception as to the forty dollars expended orj : account of-the Collier .mortgage.\nThis opinion will -be certified to the end that the Superior Court may inquire into the condition of the mortgage, and h-ave it assigned for the benefit of the plaintiffs, or require the \u25a0defendant to close it, for the benefit of the plaintiffs, as may seem best to meet the 'ends of justice.\nUeb Cubiam* Judgment accordingly.",
        "type": "majority",
        "author": "Settle, J."
      }
    ],
    "attorneys": [
      "Moore & Gatling, Smith <& Strong, and Haywood, for appellants.",
      "Haircloth ds Grainger, contra."
    ],
    "corrections": "",
    "head_matter": "MARTHA E. DORTCH and others v. WM. T. DORTCH, Adm\u2019r., and others.\nAn administrator is not required to insure the estate of his intestate; hut he is required to he honest, faithful and diligent.\nIf an administrator retains the, funds of his intestate to meet the exigencies of his office, or to discharge the debts against the estate, when established, or because there are none within the jurisdiction of the Court authorized to receive it, he is not only permitted but encouraged to invest such funds in interest bearing securities.\nCivil aotioN for the purpose of settling an estate, heard upon exceptions to the report of a commissioner, at Fall Term, 1873, of WilsoN Superior Court, before GlarTce, J.\nThis action commenced bj\u2019 a bill in equity, filed at Fall Term, 1859. It was regularly continued from term to term, without action, until the Spring Term, 1872, of the present Superior Court, when it was referred to a commissioner to Sjtate an account, who reported to Spring Term, 1873. At this term plaintiffs filed exceptions to the report, which were heard at the ensuing term.\nHis Honor sustained a part of the exceptions, giving judgment accordingly. From this judgment defendants appealed.\nThe point raised b.y the exceptions and the grounds sustaining it are fully set out in the opinion of the Court.\nMoore & Gatling, Smith <& Strong, and Haywood, for appellants.\nHaircloth ds Grainger, contra."
  },
  "file_name": "0224-01",
  "first_page_order": 232,
  "last_page_order": 235
}