{
  "id": 8560440,
  "name": "In the Matter of THE ESTATE OF MINNIE MORGAN MARKS, Deceased",
  "name_abbreviation": "In re the Estate of Marks",
  "decision_date": "1963-05-01",
  "docket_number": "",
  "first_page": "332",
  "last_page": "333",
  "citations": [
    {
      "type": "official",
      "cite": "259 N.C. 332"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 148,
    "char_count": 1742,
    "ocr_confidence": 0.544,
    "sha256": "6722cc09c45626a0a08fb13e573b42fec9998d4b2573e23297663a57c65fa759",
    "simhash": "1:592966005e2c2298",
    "word_count": 287
  },
  "last_updated": "2023-07-14T17:55:17.750134+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "In the Matter of THE ESTATE OF MINNIE MORGAN MARKS, Deceased."
    ],
    "opinions": [
      {
        "text": "Rodman, J.\nThis is a 'companion case to In re Will of Marks, ante, 326. The facts are there stated. The February writing, which was there held not entitled to probate until the writing previously probated had been successfully 'attacked by .caveat, named petitioners Mary Schulhofer and Arthur Sohulhofer as executrix and executor. When they sought to probate the February writing, they likewise prayed for the appointment of ancillary administrators. They gave bond as required by G.S. 28-186 and were, on 23 May 1961, issued letters c.t.a.\nThe clerk, in his order of 12 April 1962, revoked the probate of the paper naming petitioners as executors and likewise revoked the order appointing them as administrators c.t.a.\nManifestly the clerk\u2019s order, which was affirmed by the judge, was correct because the writing dated in February 1961 had not been established in North Carolina as Mrs. Marks\u2019 will. Petitioners could not here administer an estate as directed by a writing until that writing bad been here established as a will.\nAffirmed.",
        "type": "majority",
        "author": "Rodman, J."
      }
    ],
    "attorneys": [
      "Clayton & London by O. W. Clayton for petitioner appellee.",
      "Blakeney, Alexander & Machen by Ernest W. Machen, Jr., for appellants."
    ],
    "corrections": "",
    "head_matter": "In the Matter of THE ESTATE OF MINNIE MORGAN MARKS, Deceased.\n(Filed 1 May 1963.)\nExecutors and Administrators \u00a7 4\u2014\nUpon the revocation of the probate in this State of the will of a nonresident, it is proper for the clerk to revoke bis order appointing as administrators c. t. a. the persons named executors in the purported will, since the cleric may not appoint persons to administer an estate as directed by a writing until that writing has been here established as a will.\nAppeal by petitioners from Riddle, S.J., October 22, 1962 Special Civil Term of MeckleNbueg.\nClayton & London by O. W. Clayton for petitioner appellee.\nBlakeney, Alexander & Machen by Ernest W. Machen, Jr., for appellants."
  },
  "file_name": "0332-01",
  "first_page_order": 376,
  "last_page_order": 377
}