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STANLEY v. MILLER

No. 7810SC596.

256 S.E.2d 308 (1979)

42 N.C. App. 232

Betty M. STANLEY and James Ralph McNeill as Administrators of the Estate of Beatrice M. McNeill, Deceased v. Glenn MILLER and Verona Witherspoon, Executors of the Estate of Bessie M. Miller, Deceased, and the Northwestern Bank.

Court of Appeals of North Carolina.

July 3, 1979.

Attorney(s) appearing for the Case

Johnson, Gamble & Shearon by David R. Shearon, Raleigh, for plaintiffs-appellants.

Vannoy & Reeves by Wade E. Vannoy, Jr., West Jefferson, for defendants-appellees.

PARKER, Judge.

This action was properly removed to Ashe County. G.S. 1-78 provides that all actions against executors and administrators in their official capacity, unless otherwise provided by statute, must be instituted in the county where the letters testamentary or letters of administration are issued. Wiggins v. Trust Co., 232 N.C. 391, 61 S.E.2d 72 (1950). Thus, the only question presented...

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