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MITCHELL v. DOWNS

No. 248.

113 S.E.2d 892 (1960)

252 N.C. 430

Peter A. MITCHELL, Mrs. Eva Elmore, and Mrs. Ivyree G. Bratsos, v. Kenneth R. DOWNS, Administrator c.t.a., d.b.n. of the Estate of Harry E. Poulos.

Supreme Court of North Carolina.

April 27, 1960.

Attorney(s) appearing for the Case

George J. Miller, Charlotte, for defendant appellant.

Herbert & James, Charlotte, for plaintiffs appellees.

WINBORNE, Chief Justice.

In this State it is provided by statute, G. S. 28-1, that the Clerk of Superior Court of each county has jurisdiction within his county, among other things, to grant letters of administration with the will annexed.

In this State it is also provided by statute, G.S. § 28-24, that an "administrator cum testamento annexo must observe will"; that "whenever letters of administration...

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