Montford v. . Simmons

Is a suit against an administrator by parties claiming all the funds comprising the estate of an intestate, a suit against the administrator in his “official capacity” within the meaning of C. S., 465?

C. S., 465, provides that “all actions upon official bonds or against executors and administrators in their official capacity must be instituted in the county where the bonds were given,” etc.

The defendant, Burton, qualified as administrator in Onslow County and letters of administration were duly issued to him in said county, and this action was instituted in Harnett County. The controversy,…