Tatham v. . Wilson
This text of 59 N.C. 250 (Tatham v. . Wilson) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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..
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Cite This Page — Counsel Stack
59 N.C. 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tatham-v-wilson-nc-1861.