Cook v. . Sexton
Supreme Court of North Carolina
PETITION for year’s support, commenced in the Probate Court and heard on appeal at Spring Term, 1878, of Nash Superior Court, before Seymour, J. Case Agreed: The plaintiff is the widow of C. L. Cook who died intestate in 1872. Letters of administration were granted to the defendant, who qualified on the 7th of Decem-ber, 1872, and entered upon the discharge of his duties as-administrator; and within twelve -months thereafter the widow applied to him to have her. year’s…
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PETITION for year’s support, commenced in the Probate Court and heard on appeal at Spring Term, 1878, of Nash Superior Court, before Seymour, J. Case Agreed: The plaintiff is the widow of C. L. Cook who died intestate in 1872. Letters of administration were granted to the defendant, who qualified on the 7th of Decem-ber, 1872, and entered upon the discharge of his duties as-administrator; and within twelve -months thereafter the widow applied to him to have her. year’s support allotted according to law, which the defendant refused- upon the _ground, — that in the life time of her husband the…
1Opinion of the Court
RodMAN. J.
Several objections are made to the plaintiff’s- recovery: 1. In 1864 she committed adultery whereupon her husbaud separated from her and they have not lived together since. ' It was held in Walters v. Jordan, 12 Ire. 170, that under the Rev. Code ch. 118, §§ 11,18, a widow did not forfeit her right to a year’s provisions by her adultery as she did her dower.
The law was amended in this respect by the act of 1871-’72, ch. 193, § 44, by which adultery was made to cause a forfeiture of her year’s provisions and distributive share as well as her dower. This act does not apply in the…
2Cited by4 opinions
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- First-Citizens Bank & Trust Co. v. WillisSupreme Court of North Carolina · 1962
- FIRST-CITIZENS BANK & TRUST COMPANY v. WillisSupreme Court of North Carolina · 1962
- Leonard v. . LeonardSupreme Court of North Carolina · 1890