Simpson v. . Cureton
Supreme Court of North Carolina
Civil action, tried before Avery, Judge, at Spring Term, 1886, of UNION Superior Court. T. G. Cureton, a citizen, and with his family residing in South Carolina, died in 1882, intestate, leaving an estate both real and personal in this as well as in that State.
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Civil action, tried before Avery, Judge, at Spring Term, 1886, of UNION Superior Court. T. G. Cureton, a citizen, and with his family residing in South Carolina, died in 1882, intestate, leaving an estate both real and personal in this as well as in that State. Soon after-wards, and before the issue of letters of administration by a Court of North Carolina, his widow applied by petition to a justice of the peace to have her year’s allo’wance set apart out of the intestate’s personal property, which was done by him and two other persons qualified to act under §2121 of The Code, and she took…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). In our opinion there is error in the ruling, and this allotment and appropriation of the assets of the estate are unauthorized and void, and afford no defence to the action.
In Medley v. Dunlap, 90 N. C., 527, it is declared that §2116 of The Code, does not “ embrace widows of deceased husbands, citizens of other States,” and that a subsequent removal to this State does not change her relations towards the estate, since they are fixed, and her rights to share therein are determined at the intestate’s death, and by the law of his domicil. If provision is…
2Cases cited2 opinions
- Medley v. . DunlapSupreme Court of North Carolina · 1884
- Dunn, Ex ParteSupreme Court of North Carolina · 1869
3Cited by17 opinions
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- Zunkel v. ColsonSupreme Court of Iowa · 1899
- Graham v. StullTennessee Supreme Court · 1893
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