Edwards v. . McLawhorn

These questions are determinative of this appeal: (1) Has the clerk of the Superior Court jurisdiction to appoint an administrator c. t. a., d. b. n., of an estate, before the executor, who has qualified upon the same estate and entered upon the duties of his office, shall have been removed by order of the clerk, or before letters testamentary issued to him shall have been revoked by order of the clerk? (2) If not, does the filing by the executor of a final report of the administration of the estate have the effect of removing him from office, if in fact the estate has not been fully settled?…