Legal Opinion

Ritchie v. . McAuslin

Superior Court of North Carolina

Decided April 5, 1795PublishedCited by 1 opinion

1Opinion of the Court

Administration when granted, if the next of kin are infants, should be granted durante minoritate; if beyond sea, or out of the country, duranteabsentia; and if otherwise granted, it is erroneous. Where the next of kin reside in a foreign country, and cannot personally attend to take the administration themselves, they may appoint a person in whom they have confidence to take it for them; and the court ought to grant the administration to their appointee. The court have not executed the power the law gives them when they have granted letters to a person not designated in that act before the…

2Cases cited6 opinions

  1. School Commissioners v. Board of Aldermen & TreasurerSupreme Court of North Carolina · 1912
  2. Little v. . BerrySupreme Court of North Carolina · 1886
  3. Smith v. . MunroeSupreme Court of North Carolina · 1840
  4. Carthey v. . WebbSupreme Court of North Carolina · 1813
  5. Sawyer v. Heirs & Distributees of DozierSupreme Court of North Carolina · 1844

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3Cited by1 opinion

  1. In Re Estate of SmithSupreme Court of North Carolina · 1936

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