Dunn, Ex Parte
Cases that cite this one
8 later published cases cite this decision.
- Hamilton National Bank of Knoxville, of the Estate of John Edd Bradley v. United States (6th Cir. 1965)
- Wachovia Bank & Trust Company v. United States (District Court, E.D. North Carolina 1964)
- State Ex Rel. Case v. Superior Court (Wash. 1945)
- Easton v. Fessenden (R.I. 1940)
- Carey v. Monroe (N.J. Super. Ct. App. Div. 1896)
- In re Hayes (N.C. 1893)
- Simpson v. . Cureton (N.C. 1887)
- Paul v. . Carpenter (N.C. 1874)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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. Kimball v. Deming, 5 Ire. 418.
What amounts to an allotm ent ?
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 Cubiam. Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.