Joyner v. Wilson Memorial Hospital Inc‪.‬

Plaintiff first contends that the court erred in dismissing the complaint as to the Executrix Margaret A. Goodwin on the basis of improper service of process. We agree. Under North Carolina law, the filing of a final account does not discharge an executor or administrator. ""The general rule is that, after an executor or administrator is appointed and qualified as such, his authority to represent the estate continues until the estate is fully settled . . . or unless the letters be revoked in a manner provided by law."" Edwards v. McLawhorn, 218 N.C. 543, 546, 11 S.E.2d 562, 564 (1940). ""By the weight of authority the removal or discharge of an executor or administrator is not effected by the approval of his final account without a formal order of discharge."" Edwards, supra, 218 N.C. at 547, 11 S.E.2d at 565. Best v. Best, 161 N.C. 513, 77 S.E. 762 (1913). Annot., 8 A.L.R. 175 at 185 (1920). Although the executrix, Margaret A. Goodwin, had filed her final account, there were no formal orders of discharge entered by the clerk of court. Therefore, Margaret A. Goodwin was still empowered to act as executrix on the day the summons and complaint were served.