Lewis v. . Lewis
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Bladen County, at the Fall Term, IS46, his Honor Judge Battle', presiding. This was a petition in the name' of the plaintiff by Her Guardian', alleging that her late husband died, having made a last will and testament and therein made no provision Whatever for her — that at the term when the said will was admitted to probate, she, in open Court, entered' her dissent thereto, and praying that some suitable portion of her late…
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Appeal from the Superior Court of Law of Bladen County, at the Fall Term, IS46, his Honor Judge Battle', presiding. This was a petition in the name' of the plaintiff by Her Guardian', alleging that her late husband died, having made a last will and testament and therein made no provision Whatever for her — that at the term when the said will was admitted to probate, she, in open Court, entered' her dissent thereto, and praying that some suitable portion of her late husband’s' estate should be allotted to lier, according' to the Act of Assembly in such case made' and! provided. The executor…
1Opinion of the CourtDaniel, J.
It seems to us, that the Court could only proceed in this petition on a dissent, declared and entered according to the words of the statute : that is, when a widow is dissatisfied with the last will and testament of her husband, she may signify her dissent thereto, before the Judge of the Superior Court, or in the County Court where she resides, in open Court, within six months after, the probate of the said will. There is no proviso or saving in the statute, that in case the. widow be a lunatic, then her committee may dissent for her. When the Legislature has not thought proper to insert…
2Cited by4 opinions
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- First-Citizens Bank & Trust Co. v. WillisSupreme Court of North Carolina · 1962
- Hardy v. RichardsMississippi Supreme Court · 1910
- FIRST-CITIZENS BANK & TRUST COMPANY v. WillisSupreme Court of North Carolina · 1962