Legal Opinion

Withrow v. . Depriest

Supreme Court of North Carolina

Decided September 5, 1896PublishedCited by 6 opinions

PetitioN, filed by Permelia Withrow to remove Greorge W. DePriest as administrator of John C. Withrow. Upon investigation the following facts were found by the clerk of the superior court: " I. That John C. Withrow died on the second or third day of June, 1895. “ II. That Permelia Withrow is his widow and Minnie AVithrow his only child, aa:ed about, eight years. “III.

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PetitioN, filed by Permelia Withrow to remove Greorge W. DePriest as administrator of John C. Withrow. Upon investigation the following facts were found by the clerk of the superior court: " I. That John C. Withrow died on the second or third day of June, 1895. “ II. That Permelia Withrow is his widow and Minnie AVithrow his only child, aa:ed about, eight years. “III. That within thirty days from the death of J. 0. Withrow Permelia AVithrow', by her attorney, filed a written application for letters of administration on said estate, (which application was incomplete and winch is hereto…

1Opinion of the Court

FaiRoloth, C. J. :

The only question presented is the right of the plaintiff to have the defendant removed from the administration of his intestate’s estate.

Facts found by the clerk: 1. John C. Withrow died intestate June 3, 1895, leaving the plaintiff, his widow, and one child only, eight years of age. 2. Within thirty days from said death, the plaintiff filed with the clerk an incomplete application for letters of administration blit did not offer to file bond or to qualify at any time. 3. That on December 5, 1895, more than six months after said death, the public administrator having made…

2Cases cited2 opinions

  1. Garrison v. . CoxSupreme Court of North Carolina · 1886
  2. Hill v. . Alspaugh, Adm'r.Supreme Court of North Carolina · 1875

3Cited by6 opinions

  1. In re Slater's EstateUtah Supreme Court · 1919
  2. Marshall v. Interstate Telephone & Telegraph Co.Supreme Court of North Carolina · 1921
  3. Jones v. E. H. Clement Co.Supreme Court of North Carolina · 1931
  4. In Re Bailey WillSupreme Court of North Carolina · 1906
  5. In Re Estate of SmithSupreme Court of North Carolina · 1936

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