Garrison v. . Cox
Supreme Court of North Carolina
MotioN before the clerk to remove an administrator, heard on appeal by Avery, Judge, at Spring Term, 1885, of Burke Superior Court. It appears that Wesley Cox died-in the county of Burke, in the month of September, 1883, leaving a widow surviving him, and likewise numerous children, most, or all of them, it seems, of the age of twenty-one years. The widow did not apply for letters of administration on the estate of the intestate.
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MotioN before the clerk to remove an administrator, heard on appeal by Avery, Judge, at Spring Term, 1885, of Burke Superior Court. It appears that Wesley Cox died-in the county of Burke, in the month of September, 1883, leaving a widow surviving him, and likewise numerous children, most, or all of them, it seems, of the age of twenty-one years. The widow did not apply for letters of administration on the estate of the intestate. In November, 1884, neither the public administrator, nor any other person having applied for such letters, the defendant, one of the intestate’s sons, was appointed…
1Opinion of the CourtMerrimon, J.
(after stating the facts). The chief purpose of the law in cases like this, is to have the estate of the bites- tate duly administered by a competent person. The statute (The Code, §1376), however, provides that the husband or the widow, and certain other classes of interested persons, shall have the right, first in the order prescribed, to apply for and receive letters of administration, but if for any cause they do not, any competent person may. It is not essential that a person of a class in the order prescribed shall administer. Hence, an appointment, though the person appointed may not…
2Cases cited1 opinion
- Hill v. . Alspaugh, Adm'r.Supreme Court of North Carolina · 1875
3Cited by15 opinions
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- Sprague v. MooreMichigan Supreme Court · 1900
- Lyle v. . SilerSupreme Court of North Carolina · 1889
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