Pratt v. . Kitterell
Supreme Court of North Carolina
On the last circuit at Anson, the plaintiff filed-an affidavit, stating that at the July term of the County Court, a supposed will of one Benjamin Pratt had been offered for probate and contested by the plaintiff and others— that thereupon the plaintiff moved that letters of administration pendente lite might issue to him, \vhich motion was refused, and the letters were granted to the defendant —upon which the plaintiff prayed an appeal to the Supreme Court, which was also…
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On the last circuit at Anson, the plaintiff filed-an affidavit, stating that at the July term of the County Court, a supposed will of one Benjamin Pratt had been offered for probate and contested by the plaintiff and others— that thereupon the plaintiff moved that letters of administration pendente lite might issue to him, \vhich motion was refused, and the letters were granted to the defendant —upon which the plaintiff prayed an appeal to the Supreme Court, which was also refused. Upon this affidavit his Honor Judge Straage awarded a writ of certiorari, from which order the defendant…
1Opinion of the Court
Rueein, Chief-Justice
The application for a certio-rari is not grounded on any unfitness of the person nominated by the County Court as administrator pendente lite, or any impropriety of that court, except the refusal to allow an appeal from the order of appointment. It assumes therefore the right of appeal in such case, to be an absolute right of the applicant, as one of the next of kin. Whether it be so, is the sole question in the case.
The act of 1715, (Jlev. c. 10,) gives the right of administration to the next of kin ; and directs what courts slmii take probate of wills and grant letter.?…
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