TODD v. ADAMS

No. 7418SC634.

208 S.E.2d 237 (1974)

23 N.C. App. 104

Mrs. Mattie Woody TODD, Administratrix of Alex Gray Todd, Deceased, v. Harvey ADAMS, M.D., and Randolph Hospital, Inc., a North Carolina corporation.

Court of Appeals of North Carolina.

September 18, 1974.


Attorney(s) appearing for the Case

Alvis A. Lee and Herman L. Taylor, Greensboro, for plaintiff appellant.

Henson, Donahue & Elrod by Perry C. Henson, Greensboro, for defendant appellee, Harvey Adams, M.D.

Jordan, Wright, Nichols, Caffrey & Hill by William B. Rector, Jr., Greensboro, for defendant appellee, Randolph Hospital, Inc.


HEDRICK, Judge.

The only question requiring discussion on this appeal is whether the release executed by Mattie Woody Todd prior to her appointment as administratrix of her husband's estate is a bar to an action for the wrongful death of her husband instituted subsequent to her appointment as administratrix of his estate.

The amount recovered in an action for wrongful death is not liable to be applied as assets of the estate, in the payment of debts or legacies...

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