In Re the Estate of Nixon

While the question has not been raised by either petitioners or respondent, in our view the clerk of superior court had no jurisdiction to hear or determine the matters presented by the petition and answer filed in this case. While the pleadings were entitled “In The Matter of The Estate of Harvey Nixon, Deceased,” administration of that estate had long since been closed. The funds which were the subject matter of this proceeding had been received by the clerk in 1958 from commissioners appointed in a partitioning proceeding to sell lands of tenants in common, and these funds had for a time…