Gaskins v. McCotter
Gaskins v. McCotter
Opinion of the Court
Plaintiffs sole assignment of error is set out in the record as follows:
That the Court committed error in granting the Motion to substitute B. Hunt Baxter, Jr., Trustee for Lossie V. Gaskins, as plaintiff in the place of Archie A. Gaskins, Guardian ad Litem for Lossie V. Gaskins.
This assignment of error is based upon a single exception to the entry of the order substituting B. Hunt Baxter, Jr., Trustee, as party plaintiff.
G.S. § 1A-1, Rule 17(b)(1) in pertinent part provides:
In actions or special proceedings when any of the parties plaintiff are infants or incompetent persons, whether residents or non-residents of this State, they must appear by general or testamentary guardian, if they have any within the State or by guardian ad litem appointed as hereinafter provided; but if . . . there is no such known guardian, then such persons may appear by guardian ad litem.
G.S. § 1A-1, Rule 17(b)(3) provides:
Notwithstanding the provisions of subsections (b)(1) and (b)(2), a guardian ad litem for an infant or incompetent may be appointed in any case when it is deemed by the court in which the action is pending expedient to have the infant, or insane or incompetent person so represented, notwithstanding such person may have a general or testamentary guardian.
G.S. § 33-1 in pertinent part provides:
[W]here any adult person is . . . found to be incompetent from want of understanding to manage his affairs by reason of physical and mental weakness on account of old age, disease, or other like infirmities, the clerk may appoint a trustee in lieu of a guardian for said persons. The trustee so appointed shall be subject to the laws now or which hereafter may be enacted for the control and handling of estates by guardians.
See also G.S. § 35-2.
The record before us discloses that Lossie V. Gaskins was declared incompetent by a jury on 20 October 1977, and on 26 Oc
The order appealed from is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.