Governor Ex Rel. Revel v. Revel
Supreme Court of North Carolina
Debt, upon a bond given, by the defendants, conditioned for the defendant Patience, well and truly to administer and distribute the assets of her intestate. After oyer, the defendants pleaded “ performance.” The accounts of the defendant Patience were, under the usual order, referred to a commissioner to audit.
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Debt, upon a bond given, by the defendants, conditioned for the defendant Patience, well and truly to administer and distribute the assets of her intestate. After oyer, the defendants pleaded “ performance.” The accounts of the defendant Patience were, under the usual order, referred to a commissioner to audit. He reported specially that Benjamin Sherrod, the father of the defendant Patience, during her coverture with her then husband, the intestate Solomon, died, having made his will and thereby given to her one undivided sixth part of the residue of his estate; that her husband, the said…
1Opinion of the Court
I)akiel, Judge»
In the case of Carr v. Taylor, 10 Vesey, 578, the wife claimed a distributive share as next of kin to an intestate, who died while she was a feme covert j and the Master of the Rolls observed, that “ whatever controversy there might have'been upon the husband’s right to sue in his own name for the legal choses in action of Ms wife, he could not sue for this fund, without joining her; and if he had obtained a decree for it in her right, and died before he had reduced it in possession, it would have survived.” In Garforth v. Bradley, 2 Ves. 675, it was a legacy left the wife…
2Cited by1 opinion
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