Tyer v. J. B. Blades Lumber Co.

Supreme Court of North Carolina

Tyer v. J. B. Blades Lumber Co.

124 S.E. 306, 188 N.C. 274, 1924 N.C. LEXIS 53

CourtSupreme Court of North Carolina

DecidedOctober 1, 1924

StatusPublished

Cited by7 cases

This text of 124 S.E. 306 (Tyer v. J. B. Blades Lumber Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tyer v. J. B. Blades Lumber Co., 124 S.E. 306, 188 N.C. 274, 1924 N.C. LEXIS 53 (N.C. 1924).

Pincite

Opinion

Adams, J.

Tbe death of tbe intestate occurred on 11 August, 1922, in Craven County. On 21 September, 1922, letters of administration were granted by tbe clerk of tbe Superior Court of Beaufort County to Asbury Tyer, a surviving brother, and on 8 December, 1922, tbe clerk of tbe Superior Court of Craven County likewise issued letters of *275 administration to Annie Tyer, theintestate’s widow. On 21 September, 1922, Asbury Tyer as administrator brought suit against tbe defendant in Beaufort County to recover damages for wrongful death, and thereafter Annie Tyer as administratrix brought a similar suit in Craven. On 22 December, 1922, the defendant filed a petition before the clerk of the Superior Court of Beaufort County to revoke the letters issued to Asbury Tyer, and the clerk’s denial of the petition was approved by the Superior Court on appeal. On 7 April, 1924, the defendant instituted a like proceeding before the clerk of the Superior Court of Craven for the recall of the letters issued to the intestate’s widow. The clerk’s order denying this motion was in like manner approved on appeal to the Superior Court.

¥e have therefore the singular situation of two suits for the recovery of damages against one defendant, pending in different counties and separately prosecuted by two personal representatives of one decedent. It hardly need be said that both administrations cannot be maintained. One must yield to the other, and the prevailing jurisdiction is defined by statute. The clerk who first gains and exercises jurisdiction of the administration of an estate thereby acquires sole and exclusive jurisdiction even if the decedent at the time of his death had his fixed place of domicile in more than one county. C. S., 2; subsec. 1 (2). And such jurisdiction when once acquired cannot be collaterally impeached. Batchelor v. Overton, 158 N. C., 396; Fann v. R. R., 155 N. C., 136.

We have held that the judgment approving the appointment of Asbury Tyer was free from error, and as the clerk of the Superior Court of Beaufort had exclusive jurisdiction the letters of administration granted to Annie Tyer should be revoked.

The judgment is

Reversed.

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Adams, J.

Tbe death of tbe intestate occurred on 11 August, 1922, in Craven County. On 21 September, 1922, letters of administration were granted by tbe clerk of tbe Superior Court of Beaufort County to Asbury Tyer, a surviving brother, and on 8 December, 1922, tbe clerk of tbe Superior Court of Craven County likewise issued letters of *275 administration to Annie Tyer, theintestate’s widow. On 21 September, 1922, Asbury Tyer as administrator brought suit against tbe defendant in Beaufort County to recover damages for wrongful death, and thereafter Annie Tyer as administratrix brought a similar suit in Craven. On 22 December, 1922, the defendant filed a petition before the clerk of the Superior Court of Beaufort County to revoke the letters issued to Asbury Tyer, and the clerk’s denial of the petition was approved by the Superior Court on appeal. On 7 April, 1924, the defendant instituted a like proceeding before the clerk of the Superior Court of Craven for the recall of the letters issued to the intestate’s widow. The clerk’s order denying this motion was in like manner approved on appeal to the Superior Court.

¥e have therefore the singular situation of two suits for the recovery of damages against one defendant, pending in different counties and separately prosecuted by two personal representatives of one decedent. It hardly need be said that both administrations cannot be maintained. One must yield to the other, and the prevailing jurisdiction is defined by statute. The clerk who first gains and exercises jurisdiction of the administration of an estate thereby acquires sole and exclusive jurisdiction even if the decedent at the time of his death had his fixed place of domicile in more than one county. C. S., 2; subsec. 1 (2). And such jurisdiction when once acquired cannot be collaterally impeached. Batchelor v. Overton, 158 N. C., 396; Fann v. R. R., 155 N. C., 136.

We have held that the judgment approving the appointment of Asbury Tyer was free from error, and as the clerk of the Superior Court of Beaufort had exclusive jurisdiction the letters of administration granted to Annie Tyer should be revoked.

The judgment is

Reversed.

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Bluebook (online)

124 S.E. 306, 188 N.C. 274, 1924 N.C. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyer-v-j-b-blades-lumber-co-nc-1924.

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