DAVIS v. SINGLETON

No. 240.

124 S.E.2d 563 (1962)

256 N.C. 596

Madge Cherry DAVIS v. Sadie Cherry SINGLETON.

Supreme Court of North Carolina.

March 28, 1962.


Attorney(s) appearing for the Case

Rodman & Rodman, Washington, N. C., for defendant-appellant.

Spruill, Thorp, Trotter & Biggs, Rocky Mount, for plaintiff-appellee.


BOBBITT, Justice.

The sole question presented on this appeal is whether the court erred in denying defendant's motion that this action be removed to Beaufort County for trial.

G.S. § 1-78 requires that all actions against executors and administrators in their official capacity, unless otherwise provided by statute, be instituted in the county where the letters testamentary or letters of administration are issued. Wiggins v. Finch et al.,

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