Citation Numbers: 149 S.E. 740, 197 N.C. 511, 1929 N.C. LEXIS 286
Judges: Clarkson
Filed Date: 10/9/1929
Status: Precedential
Modified Date: 11/11/2024
The only question involved is whether or not a street assessment on a particular piece of land or lot abutting on a street in a municipality, duly and properly made according to law, should be paid by the personal representative of the party whose piece of land or lot is assessed or out of the land or lot? We think the land or lot bears the burden of the street assessment.
After alleging the facts "the petitioners pray the court for its direction as to the payment of the balance due on said street assessment, which balance, to date is $167.87 with interest." Trust Co. v. Stevenson,
The will of Monetary Delamar was made and executed on 14 January, 1927. After her death, C. G. Carawan duly qualified as administrator of her last will and testament and entered upon the discharge of *Page 512 his duties. The necessary items of the will of Monetary Delamar for the decision of this action, are as follows:
"Item 2. I give and bequeath to my beloved daughter-in-law, Winnie Delamar my house and lot in the town of Oriental where I reside, to have and to hold during her natural life, at her death to be sold, the proceeds to go to the Methodist Orphanage, at Raleigh, N.C. etc.
"Item 3. I give and bequeath to my beloved sister Hortense Barnett all my wearing apparel and all money and all notes due me and a watch which was my mother's."
Prior to Monetary Delamar's death, there had been according to law, a street assessment on the house and lot devised to her daughter-in-law, Winnie Delamar, during her natural life and at her death to be sold and the proceeds to go to the Methodist Orphanage at Raleigh, N.C. by the town of Oriental. The assessment by the town of Oriental was confirmed on 28 March, 1927, and the amount of the assessment was $186.52. From confirmation the assessment became a lien superior to all other liens and encumbrances on the land. C. S., 2713. The testatrix, Monetary Delamar, had the option to pay same either in cash or on the 10 equal annual installment plan, as she desired. C. S., 2716. Prior to her death she paid, on 28 April, 1927, one-tenth, being $18.65, leaving a balance of $167.87 to be paid on the installment plan.
In Morganton v. Avery,
In R. R. v. Ahoskie, 192 N.C. at pp. 259-60, it is said: "An assessment ``as distinguished from other kinds of taxation, are those special and local impositions upon the property in the immediate vicinity of municipal improvements which are necessary to pay for the improvement, and are laid with reference to the special benefit which the property is supposed to have derived therefrom.' (Black's Law Dictionary); Raleigh v.Peace,
In Coble v. Dick,
A different rule applies in drainage assessments, premised on the language of the different statutes.
In Taylor v. Commissioners,
C. S., 93, order of payment of debts of the decedent, has no application. The classes under that section apply to certain taxes and dues to the United States and State of North Carolina and debts ex contractu, not assessments. C. S., 93, supra, was passed at session of the General Assembly 1868-69. See chap. 113, sec. 24. The local improvement act, C. S., 2703, et seq., was passed at session of the General Assembly, 1915, chap. 56.
The court below rendered the following judgment: "It is thereupon considered by the court, and adjudged from the facts so found that the part of the estate of the testatrix bequeathed to the defendant is not liable for any part of the unpaid assessment made against the lands devised by item 2 to the plaintiff, Winnie Delamar, for life and to the Methodist Orphanage at Raleigh in remainder, and that the defendant go without day and recover of the plaintiffs and the surety for their prosecution bond, the costs to be taxed by the clerk."
We see no error in the judgment of the court below. The judgment is
Affirmed.
Taylor v. Commissioners of Moseley Creek Drainage District , 176 N.C. 217 ( 1918 )
Coble v. . Dick , 194 N.C. 732 ( 1927 )
Pate v. . Banks , 178 N.C. 139 ( 1919 )
Pasquotank Drainage District, No. 1 v. Cahoon , 193 N.C. 326 ( 1927 )
City of Raleigh v. Peace , 110 N.C. 32 ( 1892 )
Wachovia Bank & Trust Co. v. Stevenson , 196 N.C. 29 ( 1928 )
Virginia-Carolina Joint Stock Land Bank v. Watt , 207 N.C. 577 ( 1935 )
Wilkes County v. . Forester , 204 N.C. 163 ( 1933 )
Town of Saluda v. County of Polk , 207 N.C. 180 ( 1934 )
City of Winston-Salem v. Powell Paving Co. of North ... , 7 F. Supp. 424 ( 1934 )
Rigsbee v. . Brogden , 209 N.C. 510 ( 1936 )