Edwards v. Cobb
Supreme Court of North Carolina
This was an APPLICATION for the removal of an executor, begun before the Clerk of Greene Superior Court and heard by Connor, Judge, upon appeal, at Chambers, on 16th May, 1886. Devereux Cobb died in July, 1883, in the county of Greene, leaving a last will and testament, which was duly proven, and James H. Cobb, the defendant, qualified as executor thereof, and thereupon took possession of considerable estate.
Read the full summary
This was an APPLICATION for the removal of an executor, begun before the Clerk of Greene Superior Court and heard by Connor, Judge, upon appeal, at Chambers, on 16th May, 1886. Devereux Cobb died in July, 1883, in the county of Greene, leaving a last will and testament, which was duly proven, and James H. Cobb, the defendant, qualified as executor thereof, and thereupon took possession of considerable estate. The feme plaintiff is a legatee named in the will, and the plaintiff Baker is a creditor of the estate. At the instance of the plaintiffs, on the 22d of February, 1886, the Clerk of the…
1Opinion of the CourtMerjRIMON, J.
(after stating the facts as above). In this, and like cases, the Clerk of the Superior Court does not act in the place of, and for that Court, but he exercises jurisdictional functions conferred upon him as Clerk, separate and distinct from his duties as Clerk to the Court. Although the office of Probate Judge is abolished, nevertheless jurisdiction over matters of probate, and some other matters — particularly specified— is conferred upon the Clerk. The scope of his office is enlarged, so as to embrace this authority, distinct from his other ordinary duties, and he exercises judicial…
2Cases cited7 opinions
- Brittain v. . MullSupreme Court of North Carolina · 1884
- Murrill v. . SandlinSupreme Court of North Carolina · 1882
- Rowland v. . ThompsonSupreme Court of North Carolina · 1870
- Simpson v. . JonesSupreme Court of North Carolina · 1880
- Taylor v. . BiddleSupreme Court of North Carolina · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
- In Re Estate of LowtherSupreme Court of North Carolina · 1967
- In Re Estate of Wright and Wright v. . BallSupreme Court of North Carolina · 1931
- In Re Sams'estateSupreme Court of North Carolina · 1952
9 more not listed; retrieve them via the Exa API.