28B-7. Resignation and removal.
(a) A receiver appointed under authority of this Chapter may resign and his successor be appointed by complying with the provisions set forth in G.S. 36-9 through 36-18.2.
(b) If, after a receiver has been appointed, it is made to appear to the court upon the filing of a complaint or upon information received that the person appointed as receiver of the estate and property of the absentee in military service is legally incompetent, or that such person has been guilty of default or misconduct in due execution of his office, or that his appointment was obtained by false representation, or that such person has removed himself from this State, the court shall issue an order requiring such person to show cause why his appointment as a receiver should not be revoked. Upon the removal of a receiver of the estate or property of an absentee in military service, the court shall immediately appoint his successor. Pending any suit or proceeding between parties respecting such revocation, the clerk of superior court is authorized to make such interlocutory orders as may tend to better secure the estate and property of the absentee in military service. (1973, c. 522, s. 7.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 28B - Estates of Absentees in Military Service
§ 28B-1 - Absentee in military service; definition.
§ 28B-2 - Action for receiver; jurisdiction; contents of complaint.
§ 28B-3 - Notice; hearing; guardian ad litem.
§ 28B-4 - Order of appointment.
§ 28B-5 - Bond; inventory; accounting.
§ 28B-6 - Powers and duties of receiver.
§ 28B-7 - Resignation and removal.
§ 28B-8 - Termination of receivership.
§ 28B-9 - Specific property valued at less than $5,000; summary procedure.
§ 28B-10 - Specific property valued at more than $5,000; summary procedure.