IN RE BOYLES' ESTATE

No. 675.

90 S.E.2d 399 (1955)

243 N.C. 279

Matter of H. O. Boyles, Executor of the ESTATE of J. O. BOYLES.

Supreme Court of North Carolina.

December 14, 1955.


Attorney(s) appearing for the Case

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...

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