# Dunn, Ex Parte

> Supreme Court of North Carolina · January 5, 1869 · 63 N.C. 137

URL: https://www.frixlaw.com/law-library/cases/3648085

## Case

- **Full name:** Mary Dunn, Ex Parte .
- **Court:** Supreme Court of North Carolina
- **Decided:** January 5, 1869
- **Citations:** 63 N.C. 137
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Settle
- **Judges:** Settle
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3648085

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3648085. Public record. Not legal advice.