In Re Bailey's Will.
| Decision Date | 24 April 1906 |
| Citation | 141 n. c. 193,53 S.E. 844 |
| Parties | In re BAILEY'S WILL. Appeal of SAPP. |
| Court | North Carolina Supreme Court |
Executors and Administrators — Right to Administer.
Under Revisal 1905, § 3, providing that letters of administration shall be granted to the persons entitled thereto and applying for the same, in the order named, and section 20 providing that the public administrator shall apply for and obtain letters of administration when six months have elapsed from the death of decedent, and no letters have been applied for, and issued to any person, the next of kin having applied for such letters before appointment of the public administrator, though not till after expiration of the six months, is entitled thereto.
Appeal from Superior Court, Forsyth County; Peebles, Judge.
In the matter of the will of Octavia Bailey, deceased. From an order appointing an ad-mistrator, the public administrator appeals. Affirmed.
The testatrix, Octavia Bailey, died 2d November, 1904, and on 9th November her will was probated, and the executor therein named, W. O. Cox, qualified. On 19th November, a caveat to said will* was filed and issues made up for trial, but pending the trial the executor died 4th September, 1905. Prior to filing the will for probate, a brother of the testatrix had applied for administration. On 12th March, 1906, H. O. Sapp, the public administrator of the county, applied verbally for administration c. t. a.; on 13th March, G. M. Bailey, a brother of the testatrix gave notice in open court that at noon recess he would apply for letters of administration c. t. a., and such application was made in writing on that day, but before it was made, and after above oral announce ment, H. O. Sapp, the public administrator made application in writing. On the same day one Walls, with whom the infant child of the testatrix was residing, made written application that letters of administration c. t. a. be issued to the public administrator. The clerk appointed the brother of the testatrix, and the public administrator appealed to the judge who affirmed the ruling of the clerk. Appeal.
Jacob Stewart, F. T. Baldwin, and Lindsay Patterson, for appellant
Watson, Buxton & Watson, for appellee.
CLARK, C. J. The court concurs with the ruling of his honor that "the brother of the testatrix had the right to qualify In preference to the public administrator at any time before the latter had been allowed to qualify." Revisal 1905, § 20, provides that the public administrator...
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In Re Smith'
...Boynton v. Heartt, 158 N.C. 488, 74 S.E. 470, Ann. Cas.l913D, 616. Nor is the appellant helped by the rule laid down in Re Bailey's Will, 141 N.C. 193, 53 S.E. 844, that one having prior right to administer would not be deemed to have forfeited his right by not applying within 6 months, whe......
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Edwards' Estate, In re
...right to receive letters of administration, unless he is disqualified. Williams v. Neville, 108 N.C. 559, 13 S.E. 240; In re Bailey's Will, 141 N.C. 193, 53 S.E. 844. The order of the clerk holds that the petitioner is not entitled to administration on the estate of his deceased father, and......
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