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WILSON v. PEMBERTON

No. 765.

147 S.E.2d 217 (1966)

266 N.C. 782

Rachel Ann Rimmer WILSON, Minor, and Rebecca Lou Rimmer, Minor, by their Guardian, Raymond H. Wilson, Plaintiffs, v. C. L. PEMBERTON, Trustee, T. E. Steed, Elizabeth Rudd Rimmer and her husband, Herbert Marshall Rimmer, Defendants, and Wachovia Bank & Trust Company, Executor of the Estate of T. E. Steed, Additional Defendant.

Supreme Court of North Carolina.

March 30, 1966.

Attorney(s) appearing for the Case

D. Emerson Scarborough, Yanceyville, for appellants.

John H. Vernon, Thomas C. Carter, Burlington, for appellees, C. L. Pemberton, trustee, and Wachovia Bank & Trust Co., Executor of Estate of T. E. Steed.

PLESS, Justice.

G.S. § 33-31 provides that the sale or mortgage of a minor's real estate shall be allowed upon compliance with its terms, which was not done in this instance. The petition was not filed by a guardian (who is under bond and has a continuing and quasipermanent responsibility for his ward's interest) but by a guardian ad litem. "A clerk of the superior court in this state has no jurisdiction with respect to infants or with respect to property, real...

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