Murrill v. . Sandlin
Supreme Court of North Carolina
PROCEEDING to remove an administrator, commenced before the clerk as probate judge, and heard at Spring Term, 1881, of Orslow Superior Court, before Graves, J. The case was transferred to the superior court for the trial of issues of fact, and the plaintiff moved to remand it to the probate court on the ground of a want of jurisdiction of the subject matter of the controversy, as now constituted. The motion was denied, and the plaintiff excepted.
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PROCEEDING to remove an administrator, commenced before the clerk as probate judge, and heard at Spring Term, 1881, of Orslow Superior Court, before Graves, J. The case was transferred to the superior court for the trial of issues of fact, and the plaintiff moved to remand it to the probate court on the ground of a want of jurisdiction of the subject matter of the controversy, as now constituted. The motion was denied, and the plaintiff excepted. Upon the trial, judgment was rendered for the defendant, and the plaintiff appealed. A statement of the facts set out in the case is not necessary…
1Opinion of the CourtSmith, C. J.
The jurisdiction to grant, and, for sufficient cause, recall letters testamentary and of administration, is conferred by law upon the clerk of the superior court, acting as judge of probate. C. C. P. § 418; Simpson v. Jones, 82 N. C., 323. The mode of proceeding to revoke letters that have been issued is summary, and pointed out in section 470, which provides that when “it appears to the probate judge, or if complaint is made to him on affidavit that any person to whom they were issued is legally incompetent to have sueh letters, or that such person has been guilty of a default or misconduct…
2Cases cited2 opinions
- Capps v. . CappsSupreme Court of North Carolina · 1881
- Simpson v. . JonesSupreme Court of North Carolina · 1880
3Cited by12 opinions
- McMichael v. ProctorSupreme Court of North Carolina · 1956
- In Re Estate of LowtherSupreme Court of North Carolina · 1967
- In Re Administration on the Estate of BattleSupreme Court of North Carolina · 1912
- Staunton Coal Co. v. MenkIllinois Supreme Court · 1902
- Edwards v. CobbSupreme Court of North Carolina · 1886
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