Stanley v. Miller

PARKER, Judge.

This action was properly removed to Ashe County. G.S. 1-78 provides that all actions against executors and administrators in their official capacity, unless otherwise provided by statute, must 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 (1950). Thus, the only question presented by this appeal is whether this action was brought against defendant executors in their official capacity. We hold that it was and that therefore G.S. 1-78 controls.

At the outset we recognize that “the…