Wharton v. . Taylor
Supreme Court of North Carolina
CONTROVERSY submitted without action under section 315 of the Code, and heard at Fall Term, 1882, of Beaufort Superior Court, before Qilliam, J. William D. Taylor, seized of an undivided fourth part of an estate in fee in a tract of land not exceeding $500 in value, died on the 19th of April, 1881, intestate, leaving a wife (the defendant) and one child, an infant of the age of three years, who also died a few days thereafter.
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CONTROVERSY submitted without action under section 315 of the Code, and heard at Fall Term, 1882, of Beaufort Superior Court, before Qilliam, J. William D. Taylor, seized of an undivided fourth part of an estate in fee in a tract of land not exceeding $500 in value, died on the 19th of April, 1881, intestate, leaving a wife (the defendant) and one child, an infant of the age of three years, who also died a few days thereafter. The intestate, after May 1st, 1877, contracted a debt of about $380, which remains unpaid, and owes no other debt. The plaintiff took out letters of administration on…
1Opinion of the CourtSmith, C. J.
In Martin v. Hughes, 67 N. C., 293, Rodman, J., delivering the opinion and referring to article ten, section two of the constitution, uses this language: “There is nothing in that or in any other section of the constitution to forbid the legislature from exempting a larger homestead. It cannot reduce what the constitution provides, but any general assembly had the same power which the constitutional convention had to exempt a homestead, and has now absolute power to enlarge the homestead given by the constitution in the matter of value, or duration of estate, subject only to the restriction…
2Cases cited1 opinion
- Martin v. . HughesSupreme Court of North Carolina · 1872
3Cited by9 opinions
- Knudsen v. HannbergUtah Supreme Court · 1892
- Rogers v. . KimseySupreme Court of North Carolina · 1888
- Whiting v. SquiresCourt of Appeals for the Fourth Circuit · 1925
- Home Security Life Insurance Company v. McDonaldSupreme Court of North Carolina · 1970
- In re WolfeDistrict Court, M.D. North Carolina · 1968
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