Opinion · Supreme Court of North Carolina
Dunn, Ex Parte
63 N.C. 137
- Type
- Opinion
- Court
- Supreme Court of North Carolina
- Jurisdiction
- North Carolina
- Date
- 1869-01-05
- Topic
- general
Settle, 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.
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DUNN,EX PARTE,63 N.C. 137(1869)
MARY DUNN,Ex parte.
Supreme Court of North Carolina
January Term, 1869.
(Coxv.Brown, 5 Ire. 194,Kimballsv.Deming, 5 Ire. 418, cited and approved.)
It was agreed that Mrs. Dunn had died after the Commissioners had made out their report.
In the Superior Court, at the instance of certain creditorsPage 138of the estate, his Honor confirmed the judgment below, and the executor again appealed.
Before such allotment, she has no interest transmissible to her administrator.Kimballv.Deming, 5 Ire. 418.
What amounts to an allotment?
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, necessary to obtain a year's provisions. The petitioner died before the report was returned to Court. Upon the return of the report it was open to exception, and might have been set aside. The allotment is not complete until the report is confirmed by the Court. There is no error.
PER CURIAM. Judgment affirmed.