Russ v. Woodard

Where in a special proceeding instituted by a trustee for the purpose of resigning his trust, pursuant to the provisions of G.S. 36-9 through G.S. 36-12, an order, purporting (1) to accept the resignation of the trustee, and (2) to appoint a successor trustee, has been entered by the clerk of Superior Court, before whom the proceeding is pending, and after a hearing, but through misunderstanding with counsel for some of the parties as to time when the clerk would sign an order in this respect, and such order has not been approved by the judge of Superior Court, and the clerk recognizes such…