Hollomon v. . Hollomon
Supreme Court of North Carolina
Application1 for year’sal'lowance for Daisy Hollomon, widow of E. W. Hollomon, instituted before a Justice of the Peace in Mitchell’s Township in Beetle County. s Erom the finding of the Commissioners there was an appeal to the Superior Court, an,d from the ruling of the Clerk an a-ppeal was taken to the Judge at Term, and determined before Holce, J., at Spring Term, 1899. E. W. Hollomon died leaving him surviving the plaintiff, his-widow, under age, and two infant children…
Read the full summary
Application1 for year’sal'lowance for Daisy Hollomon, widow of E. W. Hollomon, instituted before a Justice of the Peace in Mitchell’s Township in Beetle County. s Erom the finding of the Commissioners there was an appeal to the Superior Court, an,d from the ruling of the Clerk an a-ppeal was taken to the Judge at Term, and determined before Holce, J., at Spring Term, 1899. E. W. Hollomon died leaving him surviving the plaintiff, his-widow, under age, and two infant children by a former marriage. His will was admitted to probate and the defendant, named as executor, duly qualified. The…
1Opinion of the CourtCi.ARK, J.
The first exception is that the widow, who is an infant, did not enter her dissent by her guardian, as provided in Code, sec. 2108, but by next friend, and that she is represented in this proceeding and has appealed by such next friend. The next friend was duly appointed in the mode prescribed by Rule 16, Superior Court, 119 N. C., 963. The objection is entirely technical and if it had any force we would allow the motion to make the guardian party in this court in the interest of justice, under The Code, sec. 965. But the exception is altogether without merit, for The Code, sec. 180,…
2Cases cited1 opinion
- Starnes v. . HillSupreme Court of North Carolina · 1893
3Cited by1 opinion
- In Re StewartSupreme Court of North Carolina · 1905