Matthews v. Watkins

Judge ORR

dissenting.

The majority fails, in my opinion, to correctly address a substantial issue raised by the petitioners and ruled upon by the trial court. In the petition it is alleged that the payment of . attorney’s fees by the executor was “wrongful and in violation of the provisions of N.C. Gen. Stat. § 28A-23-4 . . . .” That statute says:

The clerk of superior court, in his discretion, is authorized and empowered to allow counsel fees to an attorney serving as a personal representative, collector or public administrator (in addition to the commissions allowed him as such representative,…