In Re Bane

Appellee’s contention that movant is proceeding under G.S. 28-32, notwithstanding she did not so specify, is untenable. G.S. 28-82 prescribes procedure for the removal of a particular person as administrator for causes specified therein; and, upon removal of such person, “the clerk must immediately appoint some other person to succeed in the administration of the estate.” G.S. 28-33; Harrison v. Carter, 226 N.C. 36, 36 S.E. 2d 700.

Rightly interpreted, the motion is a direct attack upon the jurisdiction of the clerk to issue letters of administration to any person. No question is raised as to…