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GRAVES v. WELBORN

No. 609.

133 S.E.2d 761 (1963)

260 N.C. 688

Lillie Martin GRAVES v. Terry White WELBORN, t/a Welborn Electric Company.

Supreme Court of North Carolina.

December 19, 1963.

Attorney(s) appearing for the Case

Elreta Melton Alexander, Greensboro, for plaintiff appellant.

Hines & Boren and Jordan, Wright, Henson & Nichols, Greensboro, for defendant appellee.

SHARP, Justice.

The right of action for wrongful death is purely statutory. It may be brought only "by the executor, administrator or collector of the decedent." G.S. § 28-173. A widow, as such, has no right of action for the death of her husband. Howell v. Comrs., 121 N.C. 362, 28 S.E. 362. If an action for wrongful death is instituted by one other than the personal representative of a decedent, duly appointed in this State, it should be dismissed, Carr v. Lee...

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