Opinion
(Spring Riding, 1803.)
If an administrator against whom a bill is filed for an account sets up a release from complainant, which complainant admits he signed, but says he was under age and ignorant of his rights, an account shall be taken before trying the validity of the release.
BILL and answer. The object of the bill was for an account of the personal estate of Jesse Atherton, deceased; Alston being the (238) administrator. It stated that defendant pretended a release, and plaintiff admitted that he signed the same, but says he was ignorant of his right, and also under age.
Defendant answered he had received property, part of the said estate, and disposed of part thereof after being of age. And the question now is whether an account shall be decreed.
If the account should not now be ordered to be taken, and at the next term a verdict should be against defendant, we shall not be ready to pass a final decree, for want of the account. It should, therefore, be taken, as one of the materials for making up a decree, in case it should turn out that he is liable to account.
NOTE. — See Bruce v. Child, 11 N.C. 376, and McLin v. McNamara, 21 N.C. 407, which seem contra.