State Ex Rel. North Carolina Bank & Trust Co. v. Parker

167 S.E. 495, 204 N.C. 54, 1933 N.C. LEXIS 320

• Court: Supreme Court of North Carolina
• Decided: January 25, 1933
• Status: Published

Opinion

Stagy, C. J.

The rule, generally accordant with the decisions, is that, jurisdiction to appoint a successor to a guardian ordinarily resides with the court making the original appointment, though the residence of the ward may have been changed in the meantime. 28 O. J., 1109. Especially is this so, where, as here, suit against the original guardian and his surety is necessary to obtain a settlement. 15 A. & E. Enc. of Law, 35 and 120.

Nor are our own decisions contrariwise. Credle v. Baugham, 152 N. C., 18, 67 S. E., 46.

Affirmed.