Legal Opinion

In Re Estate of Jones

Supreme Court of North Carolina

Decided April 15, 1919Published

Appeal by respondent, S. P. Williams, from Lyon, J., at tbe February Term, 1919, of PeesoN. This is a contest over tbe appointment of an administrator d. b. n. c. t. a. of tbe estate of R. Jeff Jones. R. Jeff Jones died in Danville, Va., in 1902, testate, leaving bis estate to bis wife, Lenora Jones, with tbe power to sell all bis property and invest tbe proceeds in cotton mill, railroad, or bank stock, she to have tbe use of it during her lifetime as she wished.

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Appeal by respondent, S. P. Williams, from Lyon, J., at tbe February Term, 1919, of PeesoN. This is a contest over tbe appointment of an administrator d. b. n. c. t. a. of tbe estate of R. Jeff Jones. R. Jeff Jones died in Danville, Va., in 1902, testate, leaving bis estate to bis wife, Lenora Jones, with tbe power to sell all bis property and invest tbe proceeds in cotton mill, railroad, or bank stock, she to have tbe use of it during her lifetime as she wished. She' qualified as bis •administratrix with tbe will annexed and wound up bis estate, converting all tbe property into Riverside…

1Opinion of the CourtAllen, J.

Two questions are presented by the appeal:(1) Does the provision in section 12 of the Revisal, giving discretionary power to the clerk to appoint some suitable person administrator, when no person entitled to administer has made application for letters within six months from the death of the decedent, control in an application for the appointment of an administrator de bonis non cum testamento annexa, made more than six months after the death of the testator and within six months of the death of the prior administrator or executor ? '.(2) Does the nomination of a stranger for appointment by…

2Cases cited5 opinions

  1. Estate of MyersCalifornia Court of Appeal · 1909
  2. Judd v. RossIllinois Supreme Court · 1893
  3. Boynton v. HearttSupreme Court of North Carolina · 1912
  4. McClellan's AppealSupreme Court of Pennsylvania · 1851
  5. Williams's AppealSupreme Court of Pennsylvania · 1847

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