Cox v. . Brown
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Randolph County, at the Fall Term, 1844, his Honor Judge Pearson presiding. This was a petition of Losada Elliott, widow of John Elliott, deceased, for a year’s allowance.
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Appeal from the Superior Court of Law of Randolph County, at the Fall Term, 1844, his Honor Judge Pearson presiding. This was a petition of Losada Elliott, widow of John Elliott, deceased, for a year’s allowance. Upon the trial it ap-peered, that she filed her petition at February Term, 1843, of Randolph County Court, at which term the court appointed a justice of the peace and three freeholders, to lay off and allot to her one year’s support out of her husband’s personal estate — that, in a few days after the filing of the petition, she died, and, after her death, to wit, on the 8th of…
1Opinion of the CourtDaniel, J.
The plaintiff’s intestate was the widow of the defendant’s intestate, Jno. Elliott, of the county of Randolph. After the interlocutory order had been made on her petition, appointing commissioners to allot to her a year’s allowance, she died before the allotment was made by them. We think that her administrator had no right to revive and prosecute the said petition. The Legislature certainly did not intend that the year’s allowance out of the stock, crop, and provisions of the intestate’s husband should be assets for any purpose, in the jjan(js 0|- ^ administrator.' The intention was, as…
2Cited by3 opinions
- Hamilton National Bank of Knoxville, of the Estate of John Edd Bradley v. United StatesCourt of Appeals for the Sixth Circuit · 1965
- Wachovia Bank & Trust Company v. United StatesDistrict Court, E.D. North Carolina · 1964
- Drewry v. Raleigh Savings Bank & Trust Co.Supreme Court of North Carolina · 1917