Holland v. . Henson

128 S.E. 145, 189 N.C. 742, 1925 N.C. LEXIS 393

• Court: Supreme Court of North Carolina
• Decided: June 3, 1925
• Status: Published

Opinion

Stagy, C. J.

Tbe only question presented by tbe appeal is whether tbe limit of tbe widow’s year’s allowance, under C. S., 4125, is tbe one-balf of one year’s net income, based on tbe annual income for three years next preceding tbe husband’s death, as held by tbe court below, or tbe one-balf of tbe sum total of tbe annual net incomes for three years next preceding tbe husband’s death, as contended for by tbe plaintiff. Tbe statute is as follows:

“Tbe said commissioners shall be sworn by tbe justice and shall proceed as prescribed in this chapter, except tbat they may assign to tbe widow a value sufficient for tbe support of herself and her family, according to tbe estate and condition of her busband and without regard to tbe limitation aforesaid in this chapter; but tbe value allowed shall not in any case exceed tbe one-balf of tbe annual net income of tbe deceased for three years next preceding bis death. This report shall be returned by tbe justice to tbe court.”

¥e think tbe court below has correctly interpreted tbe statute in tbe present case. Drewry v. Bank, 173 N. C., 664.

Annual net income means yearly net income, or'the net income for every twelve months.

Affirmed.