Spivey v. Godfrey

Pending the administration of an estate, it is well settled that title to personal property of an intestate vests in his administrator and not his next of kin. Merrill v. Merrill, 92 N.C. 657; Snipes v. Estates Administration, Inc., 223 N.C. 777, 28 S.E. 2d 495; Sales Co. v. Weston, 245 N.C. 621, 97 S.E. 2d 267; Rudisill v. Hoyle, 254 N.C. 33, 118 S.E. 2d 145. Therefore, it necessarily follows that the administrator, and not creditors or next of kin, is the proper party to bring an action to collect a debt due the estate or to recover specific personal property. G.S. 28-172; 21 Am. Jur.,…