Opinion
(June Term, 1863.)
An administrator has a right to appeal from an order of the county court affirming the year's allowance made to a widow.
This was a petition in behalf of the widow of the defendant's intestate for a year's provision out of her husband's estate. A decree theretofore had been duly had in the county court of Onslow. Commissioners were appointed to make the allotment; the allotment was made and returned to court, and on motion the same was confirmed and a decree made accordingly. Whereupon defendant appealed, on the ground that the allotment was excessive. On opening the case before Heath, J., at Fall Term, 1861, of Onslow, the counsel of the petitioner moved to dismiss the appeal as having been improperly granted. On such motion the appeal was dismissed and a procedendo awarded to the county court; from which order the defendant appealed to this Court.
Green, Humphrey, and Person for plaintiff.
Moore for defendant.
It is provided, Revised Code, ch. 118, sec. 20: "Upon the return of the report, if the same be not excepted to by the administrator or next of kin, or any legatee, or, if excepted to and the exception be disposed of, the court shall make such decree therein as may seem to be right and proper."
Upon exception being taken by the administrator, or next of kin, or legatee, there are adversary parties — a suit is constituted in court, and from the decree either party may appeal according to the general law in respect to appeals.
The judgment in the Superior Court dismissing the appeal is
PER CURIAM. Reversed.
(98)