Legal Opinion

In re the Will of Palmer

Supreme Court of North Carolina

Decided September 15, 1895PublishedCited by 5 opinions

MotioN heard, on appeal from the judgment of the Clerk of the Superior Court of Wake county, before Oóble, J., at August Term, 1895, of said Court. A paper-writing purporting to be the last will and testament of Frank Palmer, deceased, was propounded for probate in open court, and was admitted to probate in common form on the 29th day of May, 1895, by E. A. Johnson, the executor therein named.

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MotioN heard, on appeal from the judgment of the Clerk of the Superior Court of Wake county, before Oóble, J., at August Term, 1895, of said Court. A paper-writing purporting to be the last will and testament of Frank Palmer, deceased, was propounded for probate in open court, and was admitted to probate in common form on the 29th day of May, 1895, by E. A. Johnson, the executor therein named. Whereupon, Mary Lyon, one of the heirs-at-law, in her own behalf and in behalf of the other heirs-at-law, came into court on the 28th day of May, 1895, and entered a caveat to the probate thereof,…

1Opinion of the Court

MoNtgomeey, J.:

The question, for consideration is, can the Clerk of the Superior Court, after a will has been admitted to probate in common form and letters testamentary issued to the executor, remove such executor and appoint a collector for the estate without a hearing based upon notice to show cause why he should not be removed. We are of the opinion that he cannot. In this case the caveat was filed after the will had been proved and the executor qualified. Under this condition of facts it was the duty of the clerk, upon the giving by the caveators of the bond required by law, to have…

2Cases cited5 opinions

  1. Floyd v. . HerringSupreme Court of North Carolina · 1870
  2. Hughes v. . HodgesSupreme Court of North Carolina · 1886
  3. Randolph v. . HughesSupreme Court of North Carolina · 1883
  4. Murrill v. . SandlinSupreme Court of North Carolina · 1882
  5. Syme v. . BroughtonSupreme Court of North Carolina · 1882

3Cited by5 opinions

  1. In re Will of TatumSupreme Court of North Carolina · 1951
  2. In Re the Will of DurhamCourt of Appeals of North Carolina · 2010
  3. Hargrave v. GardnerSupreme Court of North Carolina · 1965
  4. Harrison v. . CarterSupreme Court of North Carolina · 1946
  5. In Re Tatum's WillSupreme Court of North Carolina · 1951

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