Dunn, Ex Parte

Decided January 5, 1869

Supreme Court of North Carolina · decided 1869-01-05

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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Decided 1869-01-05

How this case has been cited

Cited by 7 later decisions — most recently December 1965

1 federal appellate · 4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Settle, J.

¶1 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.

¶2 Before such allotment, she has no inter est transmissible to her administrator. Kimball v. Deming, 5 Ire. 418.

¶3 What amounts to an allotm ent ?

¶4 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.

¶5 We cannot think so.

¶6 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.

¶7 PER Cubiam. Judgment affirmed.