In Re Estate of Mizzelle

There was dispute as to who were entitled to certain funds in the hands of N. B. Marriner, administrator of the estate of H. W. Mizzelle. The administrator urges “the right of this trustee to claim the consideration of the court and have his duty outlined.” We think the allegation of the administrator comes within the rule entitling him to advice.

In Freeman v. Cook, 41 N. C., 373 (378), Nash, J., said: “The chancellor is the only safe and secure counsellor to trustees.” The same principle applies to executors and administrators. Bank v. Alexander, 188 N. C., 667.

The question involved: Where…