MATTER OF ESTATE OF STURMAN

No. 8826DC635.

378 S.E.2d 204 (1989)

In the Matter of The ESTATE OF William L. STURMAN, Deceased.

Court of Appeals of North Carolina.

April 18, 1989.


Attorney(s) appearing for the Case

James, McElroy & Diehl, P.A. by Robert H. Sheppard and P. Kevin Carwile, Charlotte, for administratrix-appellant.

John F. Rudisill, Guardian Ad Litem, Charlotte, for William L. Sturman, Jr. and Mary Lura Sturman, Minor Heirs of the Estate of William L. Sturman.


ORR, Judge.

I.

The first consideration for this Court is whether the procedure for the revocation of the letters testamentary of an administratrix as set forth in G.S. 28A-9-1 is an "action" or "special proceeding." See G.S. 1A-1, Rule 17 (1983). If the revocation matter is an "action" or "special proceeding" under G.S. 1A-1, Rule 17(b), then the Clerk had statutory authority to appoint the guardian ad litem.

Rule 17 provides for the appointment...

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