Williams v. . Neville
Supreme Court of North Carolina
Appeal from an order of Boykin, J., overruling an order previously made by Lassiter, Clerk of the Superior Court of Granville County, refusing to remove a creditor who had been appointed administrator and appoint a person designated by the next of kin of the decedent.
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Appeal from an order of Boykin, J., overruling an order previously made by Lassiter, Clerk of the Superior Court of Granville County, refusing to remove a creditor who had been appointed administrator and appoint a person designated by the next of kin of the decedent. The order of the Clerk appealed from was as follows: “This motion to remove Alonzo Neville, administrator of Emily Knight, coming on to be heard and having been heard, and said Alonzo Neville having offered in evidence a letter of one Mrs. Candace Williams, dated 8th September, 1890, to R. W. Lassiter, C. S. C., also a letter of…
1Opinion of the Court
Avery, J.:
It is conceded that Candace Williams, being the only sister of the decedent, who left neither husband, child nor brother surviving her, had the right to administer within six months after her sister’s death. She had also the right within that time to select and recommend such person as she might prefer if she did not wish to administer herself, and if her nominee was suitable in character, habits and intellect, to demand his appointment Little v. Berry, 94 N. C., 433; Ritchie v. McAuslin, 1 Haywood, 220; Pearce v. Castrix, 8 Jones, 71; Wallis v. Wallis, Winston, 78; Schouler on…
2Cases cited4 opinions
- Garrison v. . CoxSupreme Court of North Carolina · 1886
- Little v. . BerrySupreme Court of North Carolina · 1886
- Hill v. . Alspaugh, Adm'r.Supreme Court of North Carolina · 1875
- Claywell v. SudderthSupreme Court of North Carolina · 1877
3Cited by8 opinions
- In Re the Estate of EdwardsSupreme Court of North Carolina · 1951
- Tyer v. J. B. Blades Lumber Co.Supreme Court of North Carolina · 1924
- Boynton v. HearttSupreme Court of North Carolina · 1912
- In Re Estate of SmithSupreme Court of North Carolina · 1936
- Boynton v. . HearttSupreme Court of North Carolina · 1912
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