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IN RE ESTATE OF NIXON

No. 68SC52.

163 S.E.2d 274 (1968)

2 N.C. App. 422

In the Matter of the ESTATE of Harvey NIXON, Deceased.

Court of Appeals of North Carolina.

September 25, 1968.

Attorney(s) appearing for the Case

John R. Friday and W. H. Childs, Sr., Lincolnton, for petitioner appellees.

T. W. Bruton, Atty. Gen., Christine Y. Denson and Andrew A. Vanore, Jr., Staff Attys., Raleigh, for respondent appellant.

PARKER, Judge.

While the question has not been raised by either petitioners or respondent, in our view the clerk of superior court had no jurisdiction to hear or determine the matters presented by the petition and answer filed in this case. While the pleadings were entitled "In The Matter of The Estate of Harvey Nixon, Deceased," administration of that estate had long since been closed. The funds which were the subject...

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