In Re Bailey Will
Supreme Court of North Carolina
Appeal by IT. A. Sapp, Public Administrator of Eorsytb County, from an order of Judge B. B. Peebles made at the March Term, 1906, of the Superior Court of Eoestth, affirming an order of the clerk of the Superior Court appointing G. M. Bailey, administrator c. t. a. of the testatrix, Octavia Bailey. The testatrix, Octavia Bailey, died 2 November, 1904, and on 9 November her will was probated and the executor therein named, W. O. Cox, qualified.
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Appeal by IT. A. Sapp, Public Administrator of Eorsytb County, from an order of Judge B. B. Peebles made at the March Term, 1906, of the Superior Court of Eoestth, affirming an order of the clerk of the Superior Court appointing G. M. Bailey, administrator c. t. a. of the testatrix, Octavia Bailey. The testatrix, Octavia Bailey, died 2 November, 1904, and on 9 November her will was probated and the executor therein named, W. O. Cox, qualified. On 19 November a caveat to said will was filed and issues made up for trial, but pending the trial the executor died 4 September, 1905. Prior to filing…
1Opinion of the CourtClare, C. J.
The court concurs with tire ruling of His Honor that “the brother of the testatrix had the right to qualify in preference to the public administrator at any time before the latter had been allowed to qualify.” Revisal, section 20, provides that the public administrator shall apply when those entitled to take out letters of administration have delayed to do so for six months. The object is to prevent a defect in the administration of estates. But because the public administrator cannot take out letters till after the lapse of six months, it does not .follow that he alone can qualify…
2Cases cited3 opinions
- Garrison v. . CoxSupreme Court of North Carolina · 1886
- Hill v. . Alspaugh, Adm'r.Supreme Court of North Carolina · 1875
- Withrow v. . DepriestSupreme Court of North Carolina · 1896
3Cited by3 opinions
- In Re the Estate of EdwardsSupreme Court of North Carolina · 1951
- Jones v. E. H. Clement Co.Supreme Court of North Carolina · 1931
- In Re Estate of SmithSupreme Court of North Carolina · 1936