Citizens Bank v. Grove

The appellants concede the familiar doctrine that as a general rule all simple agencies are terminated by the death of the principal. Duckworth v. Orr, 126 N. C., 674; Wainwright v. Massenburg, 129 N. C., 46; Fisher v. Trust Co., 138 N. C., 90. But they say that the doctrine of ratification or estoppel precludes the appellants from asserting this defense. "Whether they are correct must be determined by applying the law to the facts upon which the parties have agreed.

It is admitted that for sometime immediately preceding the testator’s death Ellerson had had the general management and control…