In re Martin's Estate
| Decision Date | 26 May 1923 |
| Docket Number | 505. |
| Citation | 117 S.E. 561,185 N.C. 472 |
| Parties | IN RE MARTIN'S ESTATE. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Yadkin County; McElroy, Judge.
Petition to revoke letters of administration granted by the clerk of the superior court of Yadkin county to J. C. Martin as administrator of the estate of S.W. Martin, deceased. From an order affirming the judgment of the clerk denying the petition, the petitioners appeal. Affirmed.
A petition to revoke letters of administration is properly heard and determined by the superior court on appeal from the clerk of such court, and the findings of fact made by the judge on competent evidence are conclusive on appeal therefrom.
Petition to revoke letters of administration granted by the clerk of the superior court of Yadkin county to J. C. Martin as administrator of the estate of S.W. Martin, deceased. From an order affirming the judgment of the clerk denying the petition, the petitioners have appealed to this court.
Swink Clement & Hutchins and O. O. Efird, all of Winston-Salem, for appellants.
Williams & Reavis, of Yadkinville, and Johnson J. Hayes, of North Wilkesboro, for appellee.
Petition and motion of P. H. Hanes Knitting Company and Dr. Wortham Wyatt to revoke letters of administration, heard on appeal from the clerk of the superior court, before his honor, P. A McElroy, at the November term, 1922, Yadkin superior court. Upon competent evidence his honor found the following facts and embodied them in his judgment:
"(1) That S.W. Martin, deceased, was a minor, and at the time of his death, August 1, 1921, was about 18 years of age residing with his father, J. C. Martin, with whom he resided all his life, and that at the time of his death he was living with his father at Hanes, Forsyth county, N. C., and the domicile of said S.W. Martin was the same as that of his father.
(2) That J. C. Martin was born and raised in Yadkin county, and lived there until 1919, save and except on a few occasions, when he lived temporarily in Forsyth county, N. C., to work for wages, and always with the intention to return to his home in Yadkin county. That Yadkin county was his domicile by birth, and that J. C. Martin never abandoned his domicile in Yadkin county, but has at all times had the intention of making Yadkin county his permanent home, and when he lived outside Yadkin county he had the intention of returning to his home in Yadkin county.
(3) That during the year 1919 J. C. Martin and his family again moved to Hanes, Forsyth county, N. C., leaving a part of his household goods in their home in Yadkin county, having the intention at the time of said removal, and at all times thereafter, to return to their home in Yadkin county, and never at any time abandoned their intention to return to their said home in Yadkin county, and did not establish a domicile elsewhere.
(4) That J. C. Martin and his brother bought a small farm in Yadkin county in 1914. That since the purchase he and his brother erected a dwelling house on this land, and it was in this house that J. C. Martin and his family, including the deceased, S.W. Martin, lived until their removal to Hanes, N. C., in February, 1919, and to which at all times he and his family, including S.W. Martin, intended to return, and to which J. C. Martin and his family did return in March, 1922.
(5) That J. C. Martin listed such personal property as he had in Forsyth county for the year 1920 for taxes in Forsyth county for said year, giving his age at 50 years. That he and his wife and daughter registered and voted in the primary and general election for the year 1920, in Forsyth county, but that said J. C. Martin, prior and subsequent thereto, repeatedly, and to divers persons, declared his intention to move back to his home in Yadkin county, and that he did not intend to make his home in Hanes, N. C.
(6) That in the fall of 1919 J. C. Martin and his brother purchased a team of mules with the intention of returning to his home in Yadkin county to make a crop for the year 1920, but that he and his family were stricken with influenza, and thereby prevented from returning during that year. That in September, 1921, he purchased a cow from Hal Miller, and left her in care of J. H. Renegar to keep for him until he came back to his home in Yadkin county, and...
To continue reading
Request your trial
-
Owens v. Chaplin
...the intention of making the last acquired residence a permanent home. ' In re Finlayson, 206 N.C. 362, 173 S.E. 902, 903; In re Martin, 185 N.C. 472, 117 S.E. 561. relator called virtually all of the 35 persons now under consideration to the stand for the avowed purposes of establishing tha......
-
Tyer v. J. B. Blades Lumber Co.
...in our opinion, by abundant authority. Reynolds v. Cotton Mills, supra; Roanoke Rapids v. Patterson, 184 N.C. 135, 113 S.E. 603; In re Martin, supra; v. Thayer, 187 N.C. 573, 122 S.E. 307. It is only in the absence of a domicile in this state that assets in the county will confer jurisdicti......
-
In re Ellis' Will
...child is ordinarily governed by that of the mother." See In re Administration of Ryan, 187 N.C. 568, 122 S.E. 289; In re Martin, 185 N.C. 472, 117 S.E. 561; Reynolds v. Cotton Mills, 177 N.C. 412, 99 S.E. 5 A. L. R. 284. From the findings of fact by the court below, the agreed case on appea......
- In re Finlayson's Estate