In Re Estate of Young

The opinion of the court was delivered by

Wertz, J.:

This is an appeal from a judgment of the lower court setting aside the appointment of an administrator de bonis non as void, thereby nullifying all acts of the administrator in such capacity. Briefly the facts are as follows: After the death of the executrix, who was one of two heirs sharing equally in the estate, the attorney who had represented the estate filed a petition in the probate court to be appointed administrator de bonis non and, without giving notice or filing written waiver thereof as required by G. S. 1947 Supp. 59-2222 and…