Legal Opinion

Ramsour v. . Ramsour

Supreme Court of North Carolina

Decided January 5, 1869PublishedCited by 2 opinions

Dower, beard before Logan, J., at Pali Term 1868 of tbe Superior Court of LINCOLN. Tbe petition was filed at that term, and upon tbe coming in of tbe answer, the case was submitted upon tbe following facts agreed. The petitioner’s husband, a resident of Lincoln county, died in 1863 leaving a will, of which petitioner was appointed executrix; she accordingly propounded tbe will for probate in 1864, and it being admitted to probate, she was ■’qualified.

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Dower, beard before Logan, J., at Pali Term 1868 of tbe Superior Court of LINCOLN. Tbe petition was filed at that term, and upon tbe coming in of tbe answer, the case was submitted upon tbe following facts agreed. The petitioner’s husband, a resident of Lincoln county, died in 1863 leaving a will, of which petitioner was appointed executrix; she accordingly propounded tbe will for probate in 1864, and it being admitted to probate, she was ■’qualified. Tbe testator left a considerable estate, real and personal, which he bequeathed to the petitioner in fee, with a proviso, that if he should…

1Opinion of the Court

PeáRSON, C. J.

After the adoption of the Code of Civil Procedure,, the County Courts being abolished, it followed as a necessary implication, that the Clerk of the Superior Court was the proper tribunal before which to enter the widow’s •dissent. While the County Courts exercised jurisdiction in regard to the probate ot wills, granting letters testamentary and letters .of administration, the duty of causing an entry to be made of the dissent of the widow, was an incident to such jurisdiction. When the jurisdiction in these respects was transferred to the Superior Court, this incident followed…

2Cited by2 opinions

  1. Avery, Ex ParteSupreme Court of North Carolina · 1870
  2. Yorkly v. . StinsonSupreme Court of North Carolina · 1887

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