Wooten v. Wooten
Supreme Court of North Carolina
Civil action upon a note under seal, tried before Adams, J., at Spring Term, 1898, of Superior Court of G-reene County. The note for $500 was executed by Simeon Wooten, defendant, payable to intestate of plaintiff. The defendant contested the right of plaintiff to bring this suit, on the ground that Julia Wooten died leaving her husband, William I. Wooten, surviving, who died without having administered, and that his administrator was the proper person to sue.
Read the full summary
Civil action upon a note under seal, tried before Adams, J., at Spring Term, 1898, of Superior Court of G-reene County. The note for $500 was executed by Simeon Wooten, defendant, payable to intestate of plaintiff. The defendant contested the right of plaintiff to bring this suit, on the ground that Julia Wooten died leaving her husband, William I. Wooten, surviving, who died without having administered, and that his administrator was the proper person to sue. The defendant also alleged that W. I. Wooten died largely insolvent, and owed defendant some $20,000. Pending the action, and after…
1Opinion of the Court
Clark, J.:
The Code, Section 1479, provides: “If the husband shall die after his wife, but before administering, his executor or administrator or assignee shall receive the persoual property of the said wife, as part of the estate of the husband, subject as aforesaid,” i. e. to her debts. This changed rule of the Common Law, which was that the personalty of the wife did not go to the husband when he died without having reduced it to possession by administration. And further, in conformity to this charge, it devolves the right of administering upon the wife’s estate upon the executor or…
2Cited by4 opinions
- Wilson v. . WilliamsSupreme Court of North Carolina · 1939
- Wachovia Bank & Trust Co. v. SheltonSupreme Court of North Carolina · 1948
- Meekins v. Branning Mfg. Co.District Court, E.D. North Carolina · 1915
- Whitbie v. . FrazierSuperior Court of North Carolina · 1796