In Re Shutt

200 S.E. 372, 214 N.C. 684, 1939 N.C. LEXIS 410

• Court: Supreme Court of North Carolina
• Decided: January 4, 1939
• Status: Published

Opinion

Stacy, 0. J.

Tbe proceeding has at least tbe merit of novelty. Tbe clerk thought be was acting under C. S., 99. Tbe judge held that tbe clerk bad no authority in tbe premises, if indeed tbe proceeding may properly be styled a judicial one, which may be doubted. This ruling, which is unchallenged, vacated tbe supposed reference and put an end to tbe matter, notwithstanding tbe broad jurisdiction of tbe Superior Court under C. S., 637. Tbe administratrix expressed no doubt as to tbe justness of tbe claims presented, but simply said as a matter of propriety she was in no position to admit them. This falls short of a proper predicate for tbe determination of tbe claims.

We were informed on tbe argument that claimant has lately resigned as administratrix of her husband’s estate and that another has been appointed in her stead. Tbe new representative has not been made a party to this proceeding. No doubt tbe matter will now be adjusted in some approved way.

Proceeding dismissed.