Kirkman v. Bank of Greensboro
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1877, of Guileobd Superior Court, before Cox, J. The plaintiff, John W. Kirkman, married Nancy E. Cly-mer in 1858, who was a widow with two children — namely, Joseph Clymer and a daughter, who married Henry A. "Wilson. The said Nancy in 1872, was a distributee of a certain estate, and as such was entitled to the sum of $690. In the settlement of this matter in 1873, Messrs.
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Civil ActioN tried at Spring Term, 1877, of Guileobd Superior Court, before Cox, J. The plaintiff, John W. Kirkman, married Nancy E. Cly-mer in 1858, who was a widow with two children — namely, Joseph Clymer and a daughter, who married Henry A. "Wilson. The said Nancy in 1872, was a distributee of a certain estate, and as such was entitled to the sum of $690. In the settlement of this matter in 1873, Messrs. Dillard & Gilmer, her attorneys, deposited said amount with the defendant Bank, and took a certificate of deposit which they turned over to her, and she held the same more than six…
1Opinion of the Court
Reade J.
Under the Constitution the real and personal property of the wife “shall remain and be her sole and separate estate, * * * and may be devised and bequeathed, .and with the written assent of her husband, conveyed by her as if she were unmarried.” Const. Art. 10, § 6..
No power whatever is given to the husband, and no restriction upon the wife, except as to the “conveyance” of the property to take effect during .her life, which requires the husband’s assent in writing.
The statute which was intended to carry out the constitutional provision uses somewhat different language : “ No woman…
2Cited by14 opinions
- Battle v. MayoSupreme Court of North Carolina · 1889
- Osborne v. . WilkesSupreme Court of North Carolina · 1891
- Hallyburton v. Slagle.Supreme Court of North Carolina · 1903
- Walker v. . LongSupreme Court of North Carolina · 1891
- George v. . HighSupreme Court of North Carolina · 1881
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