In Re Stewart
Supreme Court of North Carolina
ApplicatioN for year’s allowance for Irene E. Stewart, widow of Frank P. Stewart, instituted before a justice pf the peace. Prom the finding of the commissioners there was an appeal to the Superior Court, and from the ruling of the clerk an appeal was taken to the judge at term, and heard by Judge Charles M. Cooke, at May Term, 1905, of the Superior Court of Stoebs.
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ApplicatioN for year’s allowance for Irene E. Stewart, widow of Frank P. Stewart, instituted before a justice pf the peace. Prom the finding of the commissioners there was an appeal to the Superior Court, and from the ruling of the clerk an appeal was taken to the judge at term, and heard by Judge Charles M. Cooke, at May Term, 1905, of the Superior Court of Stoebs. The matter was heard upon an agreed statement of facts, of which the following are material to a decision of the case: Erank P. Stewart died testate on November 1, 1904, leaving an estate of the value of $3,490, all of which he…
1Opinion of the Court
Brown, J.,
after stating the facts: In this proceeding for the allotment of a widow’s year’s allowance, the appellant contends that she is entitled to receive $300 for herself and $100 for each of the children for her use and benefit. The appel-lee, administrator of the estate and guardian of the two members of the family of the deceased under the age of 15 years, contends on the other hand that inasmuch as the widow has declined to take the two children and keep them for one year and apply a portion of the money received as her allowance to their support, she is entitled to only $300 and not…
2Cases cited2 opinions
- Kimball's Adm'r. v. DemingSupreme Court of North Carolina · 1845
- Hollomon v. . HollomonSupreme Court of North Carolina · 1899