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IN RE ESTATE OF OVERMAN

No. 7215SC341.

189 S.E.2d 635 (1972)

14 N.C. App. 712

In the Matter of the ESTATE of William OVERMAN, Deceased.

Court of Appeals of North Carolina.

Certiorari Denied August 31, 1972.

Attorney(s) appearing for the Case

Newsom, Graham, Strayhorn, Hedrick & Murray by James L. Newsom, Durham, for Nationwide Insurance Company, movant, appellee.

Robinson O. Everett for James B. Craven, III, Durham, Administrator d/b/n, respondent appellant.

Certiorari Denied by Supreme Court August 31, 1972.

HEDRICK, Judge.

Appellant assigns as error the Court's conclusion that the Clerk did not have jurisdiction to appoint Craven as Administrator d/b/n of Overman's estate, and that Nationwide had standing to challenge his appointment. In 34 C.J.S., Executors and Administrators § 1018, p. 1273, it is stated:

"To warrant the appointment of an administrator de bonis non, it is absolutely essential...

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