Legal Opinion

In Re Simmons

Supreme Court of North Carolina

Decided March 23, 1966No. 203PublishedCited by 15 opinions

1Opinion of the CourtHiggiNS, J.

Before the Clerk of Superior Court appoints a guardian, he must “inform himself of the circumstances of the case . . . ,” and “commit the guardianship ... as he may think best for the interest” ... of the incompetent. G.S. 33-7. The clerk has power “on information or complaint” to remove the guardian and revoke his letters for a number of causes: “(3) Where the fiduciary . . . neglects to . . . maintain the ward ... in a manner suitable to his degree, ... (4) Where the fiduciary would be legally disqualified to be appointed administrator . . .” G.S. 33-9. In the absence of other matters of…

2Cases cited9 opinions

  1. In Re Estate of Wright and Wright v. . BallSupreme Court of North Carolina · 1931
  2. Perry v. BassengerSupreme Court of North Carolina · 1941
  3. Perry v. . BassengerSupreme Court of North Carolina · 1941
  4. In Re the Probate of the Last Will & Testament of HineSupreme Court of North Carolina · 1947
  5. In Re Sams'estateSupreme Court of North Carolina · 1952

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3Cited by15 opinions

  1. In Re Estate of LowtherSupreme Court of North Carolina · 1967
  2. In re Estate of SkinnerSupreme Court of North Carolina · 2017
  3. Caddell v. JohnsonCourt of Appeals of North Carolina · 2000
  4. In Re MichalSupreme Court of North Carolina · 1968
  5. In re North Carolina National BankCourt of Appeals of North Carolina · 1981

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