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CUTLER v. WINFIELD

No. 21.

85 S.E.2d 913 (1955)

241 N.C. 555

C. B. CUTLER v. H. G. WINFIELD, Jr., Frank Kugler, Mary M. Jennette, Harold E. Yert, W. J. Dunn, W. D. Welch, Jr., Wilson Leggett, W. B. Carter, and Tennys Thornton Bowers, as Trustees of the Washington City School Administrative Unit, and Beaufort County, Beaufort County Board of Education, and the Trustees of the Washington Academy, John A. Wilkinson, Guardian ad litem.

Supreme Court of North Carolina.

March 2, 1955.

Attorney(s) appearing for the Case

John A. Mayo, Washington, D. C., for plaintiff-appellant.

John A. Wilkinson, Guardian ad litem for Trustees of Washington Academy.

W. B. Carter, Washington, D. C., for appellees.

WINBORNE, Justice.

At the threshold of this appeal the admitted fact that the Trustees of the Washington Academy are dead, and there are no successors to them, presents an obstacle to a complete and proper decision in the present state of the record and case on appeal.

While the record shows that John A. Wilkinson is appointed guardian ad litem for the Trustees of Washington Academy, no such representation by guardian ad litem is sanctioned by law—and...

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