Morris v. . Morris
Supreme Court of North Carolina
Civil action, tried before Ciarle, Judge, at August Term, 1885, of the Superior Court of Wake county. The facts are as follows: The plaintiff, the surviving wife of William Morris, with whom she had intermarried before the late civil war, on his death, ■in 1882, instituted the present action against the defendants, his •■administrator and heirs-at-law.
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Civil action, tried before Ciarle, Judge, at August Term, 1885, of the Superior Court of Wake county. The facts are as follows: The plaintiff, the surviving wife of William Morris, with whom she had intermarried before the late civil war, on his death, ■in 1882, instituted the present action against the defendants, his •■administrator and heirs-at-law. Id her complaint, she alleges that her intestate husband, in his life-time, used eight hundred -dollars of her separate estate, in the purchase of, and payment for, a tract of land of about two hundred and fifty acres, situated in the county,…
1Opinion of the CourtSmith, C. J.
(after stating the case). We find no error in the rulings of the Court. The husband’s right to receive and appropriate to his own use, his wife’s distribute share in her mother’s estate, was vested, under the law then in force, of which no subsequent legislation could deprive him, without his consent. This marital right, does not, however, attach to personal property-coming to the wife, after the Constitution of 1868 went into effect notwithstanding the marriage relation was entered into before. Kirkman v. Bank of Greensboro, 77 N. C., 394; Citizens National Bank v. Green, 78 N. C., 247;…
2Cases cited12 opinions
- Citizens' National Bank v. GreenSupreme Court of North Carolina · 1878
- Jones v. . CohenSupreme Court of North Carolina · 1880
- State v. MillsSupreme Court of North Carolina · 1884
- McGlennery v. . MillerSupreme Court of North Carolina · 1884
- Kirkman v. Bank of GreensboroSupreme Court of North Carolina · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Perry v. StancilSupreme Court of North Carolina · 1953
- Hallyburton v. Slagle.Supreme Court of North Carolina · 1903
- Walker v. . LongSupreme Court of North Carolina · 1891
- Benbow v. . MooreSupreme Court of North Carolina · 1894
- State v. . CollinsSupreme Court of North Carolina · 1894
12 more not listed; retrieve them via the Exa API.