Legal Opinion

Hunt v. . Sneed

Supreme Court of North Carolina

Decided January 5, 1870PublishedCited by 4 opinions

Order, before Watts, J., upon appeal from the Clerk, at Chambers, March 22d 1869, Granville Court. His Honor had affirmed an order, made by the Clerk upon application by the plaintiff, that the defendant Sneed, give better security upon his bond as administrator. The defendant objected, for want of jurisdiction in the Clerk, &c. The facts are the same as in the case between the same parties, ante 176.

1Opinion of the CourtDick, J.

Clerks of the Superior Court; as Judges of Probate, have jurisdiction to grant letters testamentary and of administration, and to audit the accounts of executors and administrators, &c. Const. Art. IY, sec. 17.

As there are now no Courts of Equity in this State, the jurisdiction of Judges of Probate combines in many respects, the powers of the Court of Chancery and the Ecclesiastical Court in England, on this subject. In England, letters testamentary and of administration, are granted by the Ordinary of the diocese in which the testator, or intestate, resided. The Ordinary was formerly the…

2Cases cited1 opinion

  1. McAdoo v. . BenbowSupreme Court of North Carolina · 1869

3Cited by4 opinions

  1. In Re Administration on the Estate of BattleSupreme Court of North Carolina · 1912
  2. Simpson v. . JonesSupreme Court of North Carolina · 1880
  3. Barnes v. . BrownSupreme Court of North Carolina · 1878
  4. Wilson v. . AbramsSupreme Court of North Carolina · 1874

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