Legal Opinion

State Ex Rel. North Carolina Bank & Trust Co. v. Parker

Supreme Court of North Carolina

Decided January 25, 1933PublishedCited by 1 opinion

1Opinion of the CourtStagy, C. J.

The rule, generally accordant with the decisions, is that, jurisdiction to appoint a successor to a guardian ordinarily resides with the court making the original appointment, though the residence of the ward may have been changed in the meantime. 28 O. J., 1109. Especially is this so, where, as here, suit against the original guardian and his surety is necessary to obtain a settlement. 15 A. & E. Enc. of Law, 35 and 120.

Nor are our own decisions contrariwise. Credle v. Baugham, 152 N. C., 18, 67 S. E., 46.

Affirmed.

2Cases cited1 opinion

  1. Credle v. . BaughamSupreme Court of North Carolina · 1910

3Cited by1 opinion

  1. Hines v. GaddisWashington Supreme Court · 1942