In Re Green

Commissions of an administrator of the estate of a decedent are to be fixed in the discretion of the clerk of superior court subject to the maximum provided by statute. G.S. 28-170. This requires exercise of judicial discretion and judgment by the clerk, who has original jurisdiction in the matter. Trust Co. v. Waddell, 237 N.C. 342, 75 S.E. 2d 151. In other matters relating to the administration of decedents’ estates the clerk also exercises jurisdiction as ex officio judge of probate according to the practice and procedure provided by law. G.S. 7A-241; G.S. 2-1. Under these statutes the…