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MATTER OF ESTATE OF COX

No. 7729SC622.

244 S.E.2d 733 (1978)

In the Matter of the ESTATE of Daniel James COX, Jr.

Court of Appeals of North Carolina.

June 6, 1978.

Attorney(s) appearing for the Case

George R. Morrow, Forest City and J. H. Burwell, Jr., Rutherfordton, for petitioner-appellant.

Frank L. Schrimsher and John W. Beddow, Lindsey, Schrimsher, Erwin, Bernhardt & Hewitt, Charlotte, for respondent-appellee.

MARTIN, Judge.

The question presented by this appeal is whether the trial court erred in concluding that service of process by registered or certified mail, pursuant to G.S. 1A-1, Rule 4(j)(9)(b), is invalid if not personally signed by the party upon whom service of process is sought.

G.S. 1A-1, Rule 4(j)(9)(b) provides:

"(9) Alternative Method of Service on Party That Cannot Otherwise Be Served or Is Not Inhabitant of or Found Within State. —...

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