Spence v. Goodwin.
Supreme Court of North Carolina
ActioN bj J. C. Spence, administrator of estate of Z. E. Goodwin, against Peter N. Goodwin and others, heard by Judge A. L. Goble and a jury, at Spring Term, 1900, of PasquotaNK County Superior Co-urt. This was a special proceeding before the Clerk by the administrator to sell real estate to create assets, in which the infant defendants claimed a homestead in the lands of their ■father. The Clerk allowed the homestead and his judgment was affirmed in the Superior Court.
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ActioN bj J. C. Spence, administrator of estate of Z. E. Goodwin, against Peter N. Goodwin and others, heard by Judge A. L. Goble and a jury, at Spring Term, 1900, of PasquotaNK County Superior Co-urt. This was a special proceeding before the Clerk by the administrator to sell real estate to create assets, in which the infant defendants claimed a homestead in the lands of their ■father. The Clerk allowed the homestead and his judgment was affirmed in the Superior Court. The case was heard upon the following facts agreed: “1. That the plaintiff’s intestate died on or about June 1st, 1898, and…
1Opinion of the Court
Douglas, J.,
after stating the facts: The plaintiff contends that the answer of the infant defendants by their guardian ad litem was a waiver of their homestead rights, if any existed; that if the Clerk’s order of sale of February 22, 1900, was erroneous, their only remedy was by appeal; and that in any event the land inherited from their mother should be included as a part of any homestead that may be allowed them, thus pro tanto exonerating the land owned by their father. We do not think that any of such contentions can be sustained.
The duty of a guardian ad litem, and in fact the object of…
2Cases cited2 opinions
- Dickens v. . LongSupreme Court of North Carolina · 1891
- Morrisett v. . FerebeeSupreme Court of North Carolina · 1897
3Cited by3 opinions
- Elledge v. WelchSupreme Court of North Carolina · 1953
- Narron v. MusgraveSupreme Court of North Carolina · 1952
- Overton v. . HighsmithSupreme Court of North Carolina · 1926