Little v. . Berry
Supreme Court of North Carolina
Petition for the appointment of an administrator, heard on appeal from the Clerk of the Superior Court of Bujkke county, by Avery, Judge, at Chambers in Morganton, on July 17, 1885. This was a petition to the Clerk of the Superior Court of Burke county, by C. A. Little, to be appointed administrator de bonis non, cum testamento annexo, of John Sudderth, deceased.
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Petition for the appointment of an administrator, heard on appeal from the Clerk of the Superior Court of Bujkke county, by Avery, Judge, at Chambers in Morganton, on July 17, 1885. This was a petition to the Clerk of the Superior Court of Burke county, by C. A. Little, to be appointed administrator de bonis non, cum testamento annexo, of John Sudderth, deceased. John Sudderth died on the.day of., 1865, leaving a last will and testament, in which he appointed Joseph Corpeuing, W. J. Sudderth, and-Sudderth executors thereof. All of the executors qualified, and tooff upon themselves the burden…
1Opinion of the CourtAshe, J.
(after stating the facts). The judgment of his Honor in the Court below, reversing and vacating the judgment of the Clerk, seems to have been founded upon the ground, that the Clerk granted letters of administration de bonis non, ow¡rn tes-tamento annexo, to B. A. Berry as the appointee of Combs and his wife. His Honor concedes that Combs and his wife, as next-of-kin, were entitled to the letters, but that they had no right to designate the person who should be appointed in their stead, and it was error in the Clerk to grant the letters to Berry, on the ground it was a matter within his…
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