Legal Opinion
Joyner v. Wilson Memorial Hospital, Inc.
Court of Appeals of North Carolina
Decided November 21, 1978No. 787SC48PublishedCited by 11 opinions
1Opinion of the Court
CLARK, Judge.
Plaintiff first contends that the court erred in dismissing the complaint as to the Executrix Margaret A. Goodwin on the basis of improper service of process. We agree. Under North Carolina law, the filing of a final account does not discharge an executor or administrator. “The general rule is that, after an executor or administrator is appointed and qualified as such, his authority to represent the estate continues until the estate is fully settled . . . or unless the letters be revoked in a manner provided by law.” Edwards v. McLawhorn, 218 N.C. 543, 546, 11 S.E. 2d 562, 564…
2Cases cited7 opinions
- Gary L. Costlow v. United StatesCourt of Appeals for the Third Circuit · 1977
- Lee v. ShorCourt of Appeals of North Carolina · 1970
- Quaker Chair Corp. v. Litton Business System, Inc.District Court, S.D. New York · 1976
- Edwards v. . McLawhornSupreme Court of North Carolina · 1940
- Bernard Bane v. John R. SpencerCourt of Appeals for the First Circuit · 1968
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Moore v. CrumptonSupreme Court of North Carolina · 1982
- Conover v. NewtonSupreme Court of North Carolina · 1979
- Evans v. AppertCourt of Appeals of North Carolina · 1988
- Ussery v. TaylorCourt of Appeals of North Carolina · 2003
- Osborne ex rel. Williams v. Annie Penn Memorial Hospital, Inc.Court of Appeals of North Carolina · 1989
6 more not listed; retrieve them via the Exa API.