NC General Statutes
N.C. Gen. Stat. § 1-78 (2026)
Official bonds, executors and administrators
✓ current as of July 2026
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All actions against executors and administrators in their official capacity, except where otherwise provided by statute, and all actions upon official bonds must be instituted in the county where the bonds were given, if the principal or any surety on the bond is in the county; if not, then in the plaintiff's county. (1868-9, c. 258; Code, s. 193; Rev., s. 421; C.S., s. 465.)
Notes of Decisions
Cited in 12
cases, 1944–2020 · leading case: Kimrey v. Dorsett (In Re Kimrey), 10 B.R. 466 (Bankr. M.D.N.C. 1981).
Kimrey v. Dorsett (In Re Kimrey), 10 B.R. 466 (Bankr. M.D.N.C. 1981). “The Executor also contends that the Bankruptcy Court had no jurisdiction over this action pursuant to N.C.G.S. § 1-78. 7. Also involved in this case is the fact that the plaintiff is indebted to the estate of B.”
DesMarais v. Dimmette, 318 S.E.2d 887 (N.C. Ct. App. 1984). “1-78 provides: “All actions against executors and administrators in their official capacity, except where otherwise provided by statute, and all actions upon official bonds must be instituted in the county where the bonds were given, if the principal or any surety on the bond is…”
Lichtenfels v. North Carolina Nat'l Bank, 132 S.E.2d 360 (N.C. 1963). “No matter what title was given to defendant and its parent, Security National Bank, it was nevertheless performing the duties which Mrs.”
Nello L. Teer Co. v. Hitchcock Corp., 71 S.E.2d 54 (N.C. 1952). “465 (G.S. 1-78) that the cause be retained in Guilford County for trial.”
Godfrey v. Tidewater Power Co., 32 S.E.2d 27 (N.C. 1944). “, 465, now G. S., 1-78, which provides that “All actions against executors and administrators in their official capacity, except where otherwise provided by statute, and ail actions upon official bonds must be instituted in the county where the bonds were given, if the principal…”
Wiggins v. Finch, 61 S.E.2d 72 (N.C. 1950). “465 (now G.S. 1-78), that an action upon an official bond shall be instituted in the county where the bond is filed, if the principal or any one of the sureties on said bond resides in said county, is controlling.”
Stanley v. Miller, 256 S.E.2d 308 (N.C. Ct. App. 1979). “G.S. 1-78 provides that all actions against executors and administrators in their official capacity, unless otherwise provided by statute, must be instituted in the county where the letters testamentary or letters of administration are issued.”
Davis v. Singleton, 124 S.E.2d 563 (N.C. 1962). “G.S. 1-78 requires that all actions against executors and administrators in their official capacity, unless otherwise provided by statute, be instituted in the county where the letters testamentary or letters of administration are issued.”
Moseley v. Branch Banking & Trust Co., 198 S.E.2d 36 (N.C. Ct. App. 1973). “That motion constituted an objection to improper venue on the basis of G.S. 1-78, regarding venue in actions brought against executors.”
Osborne v. Redwood Mountain (N.C. Ct. App. 2020). “, N.C. Gen. Stat. § 1-78 (“All actions against executors and administrators in their official capacity, except where otherwise -5- OSBORNE V.”
Herring v. Queen City Coach Co., 57 S.E.2d 307 (N.C. 1950). “The right to the benefits of the provisions of G.S. 1-78, as to venue for “actions against executors and administrators in their official capacity” would seem to rest with the executor or administrator as the case may be.”
Evans v. Morrow, 64 S.E.2d 842 (N.C. 1951). “Tbe appellant says that as actions against administrators in their official capacity, or upon their official bonds, may be instituted only in tbe county of their qualification, G.S. 1-78, tbe court was without authority to order Creed C.”
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