Legal Opinion

Perkins v. . Isley

Supreme Court of North Carolina

Decided January 3, 1945PublishedCited by 16 opinions

1Opinion of the CourtDeNNY, J.

This appeal may be determined by answering the following questions: 1. Did Irene Perkins Isley renounce and refuse to take under the last will and testament of her mother, Mrs. Lalah Boss Perkins? 2. If so, did the renunciation have the effect of a conveyance which required the written assent of her husband, as provided in Art. X, sec. 6, of the Constitution of North Carolina, unless she was a freetrader under the provisions of G. S., 52-6? We think the first question must be answered in the affirmative and the second in the negative.

The weight of authority is to the effect that a legatee or…

2Cases cited16 opinions

  1. Albany Hospital v. . Albany Guardian SocietyNew York Court of Appeals · 1915
  2. Reid v. . NealSupreme Court of North Carolina · 1921
  3. The People v. FlanaginIllinois Supreme Court · 1928
  4. Schoonover v. OsborneSupreme Court of Iowa · 1920
  5. Peter v. PeterIllinois Supreme Court · 1931

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3Cited by16 opinions

  1. United States v. IrvineSupreme Court of the United States · 1994
  2. Hinson v. HinsonCourt of Appeals of North Carolina · 1986
  3. Keinath v. CommissionerCourt of Appeals for the Eighth Circuit · 1973
  4. Martin v. McGrathCalifornia Court of Appeal · 1951
  5. In Re Will of PendergrassSupreme Court of North Carolina · 1960

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