NORTH CAROLINA NATIONAL BANK v. BARBEE

No. 462.

131 S.E.2d 666 (1963)

260 N.C. 106

NORTH CAROLINA NATIONAL BANK, Guardian of Clabron Ann Barbee, Ronald Mills Barbee and Carolyn Louise Barbee, Minors, v. Annie Mills BARBEE, Executrix of the Estate of C. J. Barbee, Deceased, and Annie Mills Barbee, Individually.

Supreme Court of North Carolina.

July 19, 1963.


Attorney(s) appearing for the Case

Robert L. McMillan, Jr., Raleigh, for plaintiff appellant.

Charles O'H. Grimes and M. Alice Hunt, Raleigh, for defendant appellee.


SHARP, Justice.

In the vast majority of jurisdictions the rule is that merely qualifying as executor or administrator c. t. a. is not sufficient, standing alone, to constitute an election to take under the will but is a factor tending to establish such an election which must be considered in conjunction with all the other circumstances. 57 Am.Jur., Wills, § 1539; Anno.—Wills—Election by Beneficiary, 166 A.L.R. 316, 320.

The early cases in...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases