Dunn, Ex Parte

63 N.C. 137

• Court: Supreme Court of North Carolina
• Decided: January 5, 1869
• Status: Published

Opinion

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. 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.