Supreme Court of North Carolina, 1954

Patrick v. Branch Banking & Trust Co.

Patrick v. Branch Banking & Trust Co.
Supreme Court of North Carolina · Decided November 3, 1954 · Ouriam
241 N.C. 76; 84 S.E.2d 277; 1954 N.C. LEXIS 538

Patrick v. Branch Banking & Trust Co.

Opinion of the Court

Per OuriaM.

G.S. 35-23 requires that all persons be made parties who would be entitled to a distributive share in the estate in case of death. G.S. 35-28 provides the allowance shall be made only in case of permanent insanity. G.S. 35-29 provides that the advancements shall cease in case the veteran is restored to sanity.

The next of kin are necessary parties to the proceeding under the first section above quoted. The Veterans Administration would appear to be a proper party under the two succeeding sections.

The case is remanded to the Superior Court of Lenoir County in order that additional parties may be brought in and an opportunity given them to be heard.

Remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.