Boyles' Estate, In re

Citation243 N.C. 279,90 S.E.2d 399
Decision Date14 December 1955
Docket NumberNo. 675,675
PartiesMatter of H. O. Boyles, Executor of the ESTATE of J. O. BOYLES.
CourtUnited States State Supreme Court of North Carolina

Buford T. Henderson, Winston-Salem, and Dallas C. Kirby, Danbury, for executor, appellant.

W. Reade Johnson, Winston-Salem, and Leonard H. Van Noppen, Danbury, for petitioner, appellee.

JOHNSON, Justice.

The statute, G.S. § 28-32, authorizes the Clerk of the Superior Court to revoke letters testamentary when 'any person to whom they were issued * * * has been guilty of default or misconduct in due execution of his office * * *.'

The facts found by the Clerk are sufficient to justify the order of revocation entered by him and approved both as to findings and conclusions by the presiding Judge. See In re Sams' Estate, 236 N.C. 228, 72 S.E.2d 421, and cases there cited. Our examination of the record leaves the impression that the crucial findings of fact are supported by the evidence.

The judgment below is

Affirmed.

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2 cases
  • Taylor's Will, Matter of
    • United States
    • United States State Supreme Court of North Carolina
    • 11 Noviembre 1977
    ...the widow her share from the sale of personalty of the estate and arbitrarily commingled her funds with estate funds. In Re Estate of Boyles, 243 N.C. 279, 90 S.E.2d 399. This Court has also upheld removal of an administrator who obtained a contract from an illiterate widow which granted to......
  • State v. Burton, 578
    • United States
    • United States State Supreme Court of North Carolina
    • 14 Diciembre 1955

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