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JOYNER v. WILSON MEMORIAL HOSPITAL, INC.

No. 787SC48.

248 S.E.2d 881 (1978)

38 N.C. App. 720

Clyde JOYNER, Jr. v. WILSON MEMORIAL HOSPITAL, INC., and Margaret A. Goodwin, Executrix of the Estate of Cleon W. Goodwin.

Court of Appeals of North Carolina.

November 21, 1978.

Attorney(s) appearing for the Case

Farris, Thomas & Farris by Thomas J. Farris, Wilson, for plaintiff-appellant.

Smith, Anderson, Blount & Mitchell by C. Ernest Simons, Jr., Raleigh, for defendant-appellee, Wilson Memorial Hospital, Inc.

Lucas, Rand, Rose, Meyer, Jones & Orcutt, by Z. Hardy Rose, Wilson, for defendant-appellee, Margaret A. Goodwin.

Amicus curiae brief submitted by Harris & Bumgardner by Tim L. Harris, Gastonia, of counsel, for North Carolina Academy of Trial Lawyers.

Amicus curiae brief submitted by Harris, Poe, Cheshire & Leager by W. C. Harris, Jr., Raleigh, for the North Carolina Hospital Ass'n.

CLARK, Judge.

Plaintiff first contends that the court erred in dismissing the complaint as to the Executrix Margaret A. Goodwin on the basis of improper service of process. We agree. Under North Carolina law, the filing of a final account does not discharge an executor or administrator. "The general rule is that, after an executor or administrator is appointed and qualified as such, his authority to represent the estate continues until the estate is fully settled...

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