Battle v. . Yates

declared his opinion that the application of the surplus by the executor was proper.

And the petition was dismissed.

NOTE. — See Dickens v. Cotton, 22 N.C. 272, and White v. Green,36 N.C. 45, which recognize the rule that an undisposed surplus is the proper fund to be first applied to the payment of debts. See, also, Boon v.Rea, 36 N.C. 71. *Page 274