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IN RE GREEN

No. 709SC349.

176 S.E.2d 19 (1970)

9 N.C. App. 326

In the Matter of Annie Laurie GREEN, Administratrix of Estate of Willie Lou Cannady.

Court of Appeals of North Carolina.

August 26, 1970.

Attorney(s) appearing for the Case

Sterling G. Gilliam, Henderson, and Frank Banzet, Warrenton, for petitioner appellee.

Vaughan S. Winborne, Raleigh, for respondent appellant.

PARKER, Judge.

Commissions of an administrator of the estate of a decedent are to be fixed in the discretion of the clerk of superior court subject to the maximum provided by statute. G.S. § 28-170. This requires exercise of judicial discretion and judgment by the clerk, who has original jurisdiction in the matter. Wachovia Bank & Trust Co. v. Waddell, 237 N.C. 342, 75 S.E.2d 151. In other...

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