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IN RE ESTATE OF LOWTHER

No. 27.

156 S.E.2d 693 (1967)

271 N.C. 345

In re ESTATE of Isham LOWTHER, Deceased.

Supreme Court of North Carolina.

September 20, 1967.

Attorney(s) appearing for the Case

W. L. Whitley, Plymouth, for petitioner appellant.

C. L. Bailey, Jr., Bailey & Bailey, Plymouth, for respondent appellee.

SHARP, Justice.

The clerk of the Superior Court has express authority under G.S. § 28-32 to revoke letters of administration which were improperly issued and to remove any administrator who has been guilty of default or misconduct in the execution of his office. (For the technical distinction between revocation and removal, see 33 C.J.S. Executors and Administrators § 84b (1942).) When, upon disputed facts, the clerk removes an administrator who appeals...

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