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ROYALS v. BAGGETT

No. 173.

127 S.E.2d 282 (1962)

257 N.C. 681

Captain William C. ROYALS, James Marion Royals, Moses A. Tart, et al., v. William Eli BAGGETT (Individually) and wife Jean Baggett and William Eli Baggett as Administrator of John C. Williams, Deceased.

Supreme Court of North Carolina.

September 26, 1962.

Attorney(s) appearing for the Case

E. J. Wellons, E. R. Temple, Smithfield, for appellants.

McLeod & McLeod, Dunn, for appellees.

PER CURIAM.

G.S. § 28-6(b) provides: "Any person who renounces his right to qualify as administrator may at the same time nominate in writing some other qualified person to be named as administrator, and such designated person shall be entitled to the same priority of right to qualify as administrator as the person making the nomination. Provided, that the qualification of the appointee shall be within the discretion of the clerk of court."

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