Tatham v. . Wilson

59 N.C. 250

Opinion

PearsoN, C. J.

The exception is over-ruled. It is clearly settled, that where a husband dies, after an interlocutory decree for an account, the wife surviving, becomes entitled to the amount that may be recovered by the final decree; indeed, the wife, surviving, is entitled, although the husband should not die until after final decree; for he does not actually reduce the chose into possession by a judgment or final decree ; that can only be done by execution or payment to. the husband, and the legal effect given to a judgment or decree, is to give the husband the benefit of taking, by survivorship, in case of the wife’s death ; Nanny v. Martin,, 1 Eq. Ca. Ab. 68; McCauley v. Phillips, 4 Ves. Jun’r. 15.

Per Curiam, Decree according to report..