MATTER OF ESTATE OF COLE

No. 8611SC5.

343 S.E.2d 263 (1986)

In the Matter of the ESTATE OF Jewell F. COLE, Deceased.

Court of Appeals of North Carolina.

May 20, 1986.


Attorney(s) appearing for the Case

Love & Wicker, P.A. by Jimmy L. Love, Sanford, for petitioner-appellee.

Hager & Kinnaman, P.A. by James W. Herring, Jr., Sanford, for respondent-appellant.


WEBB, Judge.

The respondent argues that he was properly appointed administrator C.T.A. and it was error to remove him. G.S. 28A-6-2(1) provides that letters of administration may not be issued to a person who does not have priority of appointment under G.S. 28A-4-1 without notice to all persons who have a higher preference of appointment. The appellee in this case is an heir at law and beneficiary under the will of Jewell Cole. She had a higher preference of appointment...

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