In Re Saville.
| Decision Date | 04 October 1911 |
| Citation | 156 N.C. 172,72 S.E. 220 |
| Court | North Carolina Supreme Court |
| Parties | In re SAVILLE. |
Under Revisal 1905, § 3, subd. 2, providing that, where there is no husband or widow, the clerk shall appoint at his discretion one or more of the next of kin of equal degree, a person recommended by the eldest of four children may be appointed administrator where all the children have renounced the right to act as administrator, though the other children recommended another as administrator.
[Ed. Note.—For other cases, see Executors and Administrators, Cent. Dig. §§ 43-59; Dec. Dig. § 17.*]
Where the eldest of four children of a mother dying without leaving a husband renounced his right to the appointment as administrator, and asked the appointment of a third person, and the third person was appointed at the time a younger child had asked for the appointment of an administrator without naming any one, the younger children, who also renounced, could not compel the removal of the person appointed, in the absence of any cause shown for removal.
[Ed. Note.—For other cases, see Executors and Administrators, Dec. Dig. § 35.*]
Where all the children of a decedent renounced the right to act as administrator, and the person suggested as administrator by the eldest child was as well qualified as the person recommended by the other children, the clerk could in his discretion appoint either of the persons recommended.
[Ed. Note.—For other cases, see Executors and Administrators, Cent. Dig. §§ 43-59; Dec. Dig. § 17.*]
Where the children of a decedent leaving no husband are unable to read and write, it is proper to refuse to appoint any of them as administrator.
[Ed. Note.—For other cases, see Executors and Administrators, Cent. Dig. §§ 43-59; Dec. Dig. 8 17.*]
Appeal from Superior Court, Franklin County; Cooke, Judge.
Proceedings for the removal of W. H. Hudson as administrator of Martha Saville, deceased, and the appointment of Haley Perry in his stead. From a judgment affirming the judgment of the clerk refusing to remove the administrator, the parties aggrieved appeal. Affirmed.
N. Y. Gulley, for appellant.
B. T. Holden, for appellee.
CLARK, C. J. Martha Saville died Intestate July 11, 1911, leaving her surviving two brothers and two sisters as her next of kin. On July 18, 1911, the younger brother applied in writing to the clerk to appoint some one administrator. On the next day the elder brother filed his renunciation with the clerk, and asked that W. H. Hudson be appointed administrator, which was done. On July 26th the younger brother asked that Hudson be removed, on the ground that his appointment was illegal. Hudson was cited to appear before the clerk on August 11, 1911, to answer the motion for removal. On August 2d the younger brother and the two sisters had filed their renunciation, and asked that one Perry be appointed administrator. At the hearing no evidence was offered to show why Hudson should be removed; the motion being entirely based upon the above facts.
Revisal, § 3 (2), provides that, when there is no husband or widow, the clerk...
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Cogdill's Estate, In re
...else appearing, the clerk had authority in his discretion to issue letters of administration to either Styles or Hennessee. In re Saville, 156 N.C. 172, 72 S.E. 220. Instead, she issued letters of administration to Thornburg. The record discloses no data concerning Thornburg's relation to t......
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