Hood v. American Telephone & Telegraph Co.
Supreme Court of North Carolina
Appeal by plaintiff from 0. PL. Allen, J., at October Term, 1912, of Caswell. Tbe plaintiff brings this action to recover damages caused by the wrongful conduct of the defendant, resulting in the death of the plaintiff’s intestate, Jennie Hood, his wife. At the time of the death of Jennie Hood she had made a will devising and bequeathing her property to Annie Land, and appointing her executrix of her will.
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Appeal by plaintiff from 0. PL. Allen, J., at October Term, 1912, of Caswell. Tbe plaintiff brings this action to recover damages caused by the wrongful conduct of the defendant, resulting in the death of the plaintiff’s intestate, Jennie Hood, his wife. At the time of the death of Jennie Hood she had made a will devising and bequeathing her property to Annie Land, and appointing her executrix of her will. The will purports to dispose of all the property of the testatrix, and has a general residuary clause. The plaintiff, J. H. Hood, demanded of the executrix that she bring an action against…
1Opinion of the CourtAlleN, J.
The contention of the plaintiff is that the right of action for wrongful death is a part of the personal estate of the wife, and as it was not in terms and could not be disposed of by her will, she died “partially intestate,” and that he is, therefore, entitled to administer such part of the estate under section 4 of Revisal, providing that the husband may administer on the personal estate of his wife if she “shall die.wholly or partially intestate.”
The error in the contention is in assuming that the right of action is a part of the personal estate of the wife.
We held otherwise at the last…
2Cases cited5 opinions
- Killian v. Southern Railway Co.Supreme Court of North Carolina · 1901
- Broadnax v. . BroadnaxSupreme Court of North Carolina · 1912
- Baker v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1884
- Hartness v. Pharr.Supreme Court of North Carolina · 1903
- Vance v. RailroadSupreme Court of North Carolina · 1905
3Cited by10 opinions
- In Re the Estate of IvesSupreme Court of North Carolina · 1958
- Lamm v. LorbacherSupreme Court of North Carolina · 1952
- Carpenter v. Asheville Power & Light Co.Supreme Court of North Carolina · 1926
- Causey v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1914
- White v. . Comrs. of JohnstonSupreme Court of North Carolina · 1940
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