Perkins v. Brinkley.
Supreme Court of North Carolina
ActioN by Mary E. Perkins against Abrami Brinkley and others, heard by Judge Fred. Moore at March Term, 1903, of the Superior Court of Halifax Cbunty. Erom a judgment for the defendant the plaintiff appealed.
1Opinion of the CourtGlare, C. J.
This is a proceeding for year’s provision, begun 1st January, 1902, by the plaintiff, widow of W. M. Perkins, who died 2d January, 1901, leaving a will which was probated 11th January, 1901. The plaintiff did not dissent from the will till 11th January, 1902, being after this proceeding was instituted.
The allowance of year’s provision is in derogation of the disposition of property by a will, when there is one, and therefore can only be granted in such case, when the will has been set aside as to the widow, by her dissent. The Code, see. 2116, allows year’s support only to the “widow of an…
2Cases cited5 opinions
- Summers v. . ReynoldsSupreme Court of North Carolina · 1886
- Hooks v. . LeeSupreme Court of North Carolina · 1851
- Cook v. . SextonSupreme Court of North Carolina · 1878
- Cauley v. . LawsonSupreme Court of North Carolina · 1859
- Murphey v. . Avery and McDowell, Adm.Supreme Court of North Carolina · 1834
3Cited by13 opinions
- Overton v. OvertonSupreme Court of North Carolina · 1963
- Estate of Loftin v. LoftinSupreme Court of North Carolina · 1974
- First-Citizens Bank & Trust Co. v. WillisSupreme Court of North Carolina · 1962
- Savings Bank & Trust Co. v. JohnsonSupreme Court of North Carolina · 1915
- Crider v. HeddenCourt of Appeals of Georgia · 1921
8 more not listed; retrieve them via the Exa API.