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

Supreme Court of North Carolina
State Ex Rel. North Carolina Bank & Trust Co. v. Parker, 167 S.E. 495 (N.C. 1933)
204 N.C. 54; 1933 N.C. LEXIS 320
Stagy

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

Opinion of the Court

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.

Reference

Full Case Name
STATE OF NORTH CAROLINA Ex Rel. THE NORTH CAROLINA BANK AND TRUST COMPANY, Guardian for KINNIS BLAKENEY and JAMES BLAKENEY, v. L. L. PARKER, Guardian, Et Al.
Cited By
1 case
Status
Published