Legal Opinion

Fulp v. . Brown

Supreme Court of North Carolina

Decided December 7, 1910PublishedCited by 7 opinions

Appeal from B. F. Long, J., at the February Term, 1910, of Forsyth. Petition to sell land for assets transferred from clerk to the civil docket on issues raised. On the hearing it appeared that in “April, 1907, William Brown died leaving a last will and testament, and on 27 May, 1907, George Y. Fulp was appointed administrator c. t. a. of William Brown, by the clerk of tlie court of Forsyth County, and at once entered upon the administration of the said estate.

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Appeal from B. F. Long, J., at the February Term, 1910, of Forsyth. Petition to sell land for assets transferred from clerk to the civil docket on issues raised. On the hearing it appeared that in “April, 1907, William Brown died leaving a last will and testament, and on 27 May, 1907, George Y. Fulp was appointed administrator c. t. a. of William Brown, by the clerk of tlie court of Forsyth County, and at once entered upon the administration of the said estate. At the time of the death of the said William Brown, he was seized in fee simple of a tract of land consisting of seventy-six acres…

1Opinion of the CourtHoke, J.

Article X of our Constitution on homesteads and exemptions contains the provision, section 5, that if the owner of a homestead die leaving a widow, but no children, the same shall be exempt from the debts of ber husband, and the rents and profits thereof shall enure to her benefit during her widowhood unless she be the owner of a homestead in her own right. In enforcement of this provision the Legislature has enacted Revisal 1905, sec. 707, that if one entitled to a homestead die without having had the same allotted, his widow, if he leave no children, may “proceed to have the homestead laid…

2Cases cited1 opinion

  1. Citizens' National Bank v. GreenSupreme Court of North Carolina · 1878

3Cited by7 opinions

  1. Elmore v. . ByrdSupreme Court of North Carolina · 1920
  2. Watters v. . HedgpethSupreme Court of North Carolina · 1916
  3. Kirkwood v. PedenSupreme Court of North Carolina · 1917
  4. Stokes v. SmithSupreme Court of North Carolina · 1957
  5. Rose v. . BryanSupreme Court of North Carolina · 1911

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