Tyer v. J. B. Blades Lumber Co
| Decision Date | 01 October 1924 |
| Docket Number | (No. 159.) |
| Citation | 124 S.E. 306 |
| Court | North Carolina Supreme Court |
| Parties | TYER . v. J. B. BLADES LUMBER CO. |
(188 N.C.)
Appeal from Superior Court, Craven County; Midyette, Judge.
Petition by the J. B. Blades Lumber Company to revoke letters of administration granted to Annie Tyer on the estate of Irving Tyer, deceased. From a decree dismissing petition, petitioner appeals. Reversed.
See, also, 124 S. E. 305.
O. H. Guion, of Newbern, for appellant.
Ernest M. Green, of Newbern, for appellee.
The death of the intestate occurred on August 11, 1922, in Craven county. On September 21, 1922, letters of administration were granted by the clerk of the superior court of Beaufort county to Asbury Tyer, a surviving brother, and on December 8, 1922, the clerk of the superior court of Craven county likewise issued letters of administration to Annie Tyer, the intestate's widow. On September 21, 1922, Asbury Tyer as administrator brought suit against the defendant in Beaufort county to recover damages for wrongful death, and thereafter Annie Tyer as administratrix brought a similar suit in Craven. On December 22, 1922, the defendant filed a petition before the clerk of the superior court of Beaufort county to revoke the letters issued to Asbury Tyer, and the clerk's denial of the petition was approved by the superior court on appeal. On April 7, 1924, the defendant in-stitutcd a like proceeding before the clerk of the superior court of Craven for the recall of the letters issued to the intestate's widow. The clerk's order denying this motion was in like manner approved, on appeal to the superior court.
We have therefore the singular situation of two suits for the recovery of damages against ono defendant, pending in different counties, and separately prosecuted by two personal representatives of one decedent It hardly need be said that both administrations cannot be maintained. One must yield to the other, and the prevailing Jurisdiction is defined by statute. The clerk who first gains and exercises jurisdiction of the administration of an estate thereby acquires sole and exclusive jurisdiction, even if the decedent at the time of his death had his fixed place of domicile In more than one county. C. S. g 2; section 1 (2). And such jurisdiction, when once acquired, cannot be collaterally impeached. Batchelor v. Overton, 158 N. C. 39G, 74 S. E. 20; Fann v. Railroad, 155 N. 0. 136, 71 S. E. 81.
We have held that the judgment approving the appointment of Asbury Tyer...
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Davis' Estate, In re, 29
...open to attack or impeachment in a collateral proceeding.' Edwards v. White, 180 N.C. 55, 103 S.E. 901. Accord: Tyer v. J. B. Blades Lumber Co., 188 N.C. 274, 124 S.E. 306; Starnes v. Thompson, 173 N.C. 466, 92 S.E. 259; Batchelor v. Overton, 158 N.C. 395, 74 S.E. 20; Fann v. North Carolina......
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Tyer v. J. B. Blades Lumber Co.
...to Asbury Tyer on the estate of Irving Tyer, deceased. From a decree dismissing the petition, petitioner appeals. Affirmed. See, also, 124 S.E. 306. to revoke letters of administration issued to the plaintiff by the clerk of the superior court of Beaufort county, heard by Brown, J., upon ap......
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Tyer v. J. B. Blades Lumber Co
...to Asbury Tyer on the estate of Irving Tyer, deceased. From a decree dismissing the petition, petitioner appeals. Affirmed. See, also, 124 S. E. 306. Petition to revoke letters of administration issued to the plaintiff by the clerk of the superior court of Beaufort county, heard by Brown, J......
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Pitchi's Estate, In re, 94
...to the effect that such letters once issued are not subject to collateral attack, Batchelor v. Overton, supra, Tyer v. J. B. Blades Lumber Co., 188 N.C. 274, 124 S.E. 306, Brooks v. Clement Co., supra, for a void order or decree is coram non judice and may be attacked whenever and wherever ......