REID v. SMITH

No. 6914SC341.

169 S.E.2d 14 (1969)

5 N.C. App. 646

Doris REID, Administratrix of the Estate of Curtis Charles Ellerbee, Deceased v. Bobby Nathaniel SMITH and L. V. Miller Smith.

Court of Appeals of North Carolina.

August 13, 1969.


Attorney(s) appearing for the Case

A. H. Borland and C. Horton Poe, Jr., Durham, for plaintiff appellee.

Haywood, Denny & Miller, by George W. Miller, Jr., Durham, for defendant appellants.


MORRIS, Judge.

This case presents for determination the question of whether a party who has not been appointed administrator or administratrix, and who has not offered herself for qualification, may, upon a false allegation of appointment, commence an action for wrongful death, and, following the expiration of the statute of limitations, validate that action by a subsequent appointment.

G.S. § 28-173 provides...

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