Davis v. Singleton

The sole question presented on this appeal is whether the court erred in denying defendant’s motion that this action be removed to Beaufort County for trial.

G.S. 1-78 requires that all actions against executors and administrators in their official capacity, unless otherwise provided by statute, be instituted in the county where the letters testamentary or letters of administration are issued. Wiggins v. Trust Co., 232 N.C. 391, 61 S.E. 2d 72, and cases cited; McIntosh, N. C. Practice and Procedure, Second Edition (Wilson), § 804.

Plaintiff alleges defendant appropriated to her own use certain…