Bass v. Mooresville Mills

GRAHAM, Judge.

The decedent’s mother, as the sole “next of kin,” is entitled to the benefits payable under the Workmen’s Compensation Act if her son left no dependents within the meaning of the Act. G.S. 97-40. The wife was not actually dependent for her support upon deceased, but under the Act she is nevertheless conclusively presumed to have been fully dependent if she qualifies as a widow within the meaning of that term as defined in the Act. G.S. 97-39.

The term “widow”’ as defined in G.S. 97-2(14), includes “only the decedent’s wife living with or dependent for support upon him at the time…