Dunn, Ex Parte
Supreme Court of North Carolina
PETITION for a year’s allowance, abated before Watts, J., at Fall Term 1868 of the Superior Court of Ware. The petition had been filed at February Term 1868 of the County Court of Wake. Upon the return of the report of the Commissioners, at May Term, the death of the petitioner was suggested, and her executor applied for leave to become a party to the petition. The Court, however, considering that the petition had abated, refused to allow the application.
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PETITION for a year’s allowance, abated before Watts, J., at Fall Term 1868 of the Superior Court of Ware. The petition had been filed at February Term 1868 of the County Court of Wake. Upon the return of the report of the Commissioners, at May Term, the death of the petitioner was suggested, and her executor applied for leave to become a party to the petition. The Court, however, considering that the petition had abated, refused to allow the application. Thereupon the executor appealed. It was agreed that Mrs. Dunn had died after the Commissioners had made out their report. In the Superior…
1Opinion of the CourtSettle, J.
When a widow files a petition for a year’s provisions, under the statute, and dies before any allotment is made, the administrator has no right to revive the petition, but it is abated. Cox, v. Brown, 5 Ire. 194.
Before such allotment, she has no inter est transmissible to her administrator. Kimball v. Deming, 5 Ire. 418.
What amounts to an allotm ent ?
It is contended here, that the acts of the Commissioners, appointed by the County Court to allot and set apart a year’s support for the petitioner, constituted such an allotment.
We cannot think so.
Their acts were only a part of the proceedings,…
2Cited by8 opinions
- Hamilton National Bank of Knoxville, of the Estate of John Edd Bradley v. United StatesCourt of Appeals for the Sixth Circuit · 1965
- Simpson v. . CuretonSupreme Court of North Carolina · 1887
- State Ex Rel. Case v. Superior CourtWashington Supreme Court · 1945
- Wachovia Bank & Trust Company v. United StatesDistrict Court, E.D. North Carolina · 1964
- Easton v. FessendenSupreme Court of Rhode Island · 1940
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