Hinton v. . Hinton
Supreme Court of North Carolina
Petition for dower, heard by Fowle J., at Fall Term 1867 of the Superior Court of Wake. The petition had been filed at May Term 1866 of the County Court of Wake, and alleged that the husband of the petitioner had died previously to November Term 1864 leaving a will which was proved at that Term; and that she had dissented at the Term at which the petition was filed, &o., &c.
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Petition for dower, heard by Fowle J., at Fall Term 1867 of the Superior Court of Wake. The petition had been filed at May Term 1866 of the County Court of Wake, and alleged that the husband of the petitioner had died previously to November Term 1864 leaving a will which was proved at that Term; and that she had dissented at the Term at which the petition was filed, &o., &c. The answer of the heirs (infants) relied upon the fact that the husband’s will had been proved (with previous notice to her) as stated in the petition, for a bar to her power to dissent and claim dower, &c. Upon the case…
1Opinion of the CourtPearson, C. J.
If a legacy be given to A, provided he applies for it in six months after the death of the testator, otherwise it shall go to B, and A does not apply within the time, the title becomes vested in B, and the Legislature has no power to extend the time ; for the reason that the testator, by the words of condition and the limitation over to B, makes a compliance with the condition a part of the ■essence of the gift, and being’ a condition precedent, it is not saved, even although the condition becomes impossible by the act of God, or by the act of law; and the title of B is absolute.
But we do not…
2Cited by13 opinions
- Overton v. OvertonSupreme Court of North Carolina · 1963
- Sheets v. . WalshSupreme Court of North Carolina · 1940
- Wilkes County v. . ForesterSupreme Court of North Carolina · 1933
- Wilkes County v. ForesterSupreme Court of North Carolina · 1933
- Gillespie v. . AllisonSupreme Court of North Carolina · 1894
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