Dockery v. Parks

Felton, Chief Judge.

The court did not err in overruling the plea in abatement. Code § 113-2403 provides: “Pending the action, a properly authenticated exemplification of the letters testamentary or of administration shall be filed with the clerk of the court, to become a part of the record: Provided, the cause is pending in a court of record. If it be a summary proceeding, the exemplification shall be filed with the papers.” The intent of this section is to require the filing with the papers, of the authenticated authority to act as administrator with summary proceedings. The reason for this…