Kimball's Adm'r. v. Deming
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Cumberland county, at the Spring Term, 1845, his Honor Judge Pearson presiding. This is a petition for a year’s allowance to a widow and her family, out of the personal estate of her deceased intestate husband.
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Appeal from the Superior Court of Law of Cumberland county, at the Spring Term, 1845, his Honor Judge Pearson presiding. This is a petition for a year’s allowance to a widow and her family, out of the personal estate of her deceased intestate husband. It states, that the husband died in September, 1844, leaving a widow and two infant daughters; that the widow died intestate in November following • and that, at December Term, 1844, of the County Court, administration of the estate of the husband was granted to the defendant, and at the same term, administration of the estate of the widow was…
1Opinion of the CourtRuffin, C. J.
Until the case of Cox v. Brown, 5 Ired. 194, was brought up at the last term, we had never heard, that any body supposed, that, if a widow died, her creditors or children were entitled to claim out of the husband’s estate as much as would have supported her for a year, if she had lived. It seemed to us to be a complete perversion of the act, which makes the provision for the temporary maintenance of the widow and her family. There is no necessity for any such construction; and, indeed, it is opposed to the plain purpose of the legislature. For, until administration, that is, up to the next…
2Cited by3 opinions
- Drewry v. Raleigh Savings Bank & Trust Co.Supreme Court of North Carolina · 1917
- Pritchard v. First-Citizens Bank & Trust Co.Court of Appeals of North Carolina · 1978
- In Re StewartSupreme Court of North Carolina · 1905