{
  "id": 8655116,
  "name": "TINA HOLLAND v. M. TURNER HENSON et al.",
  "name_abbreviation": "Holland v. Henson",
  "decision_date": "1925-06-03",
  "docket_number": "",
  "first_page": "742",
  "last_page": "743",
  "citations": [
    {
      "type": "official",
      "cite": "189 N.C. 742"
    }
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  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "173 N. C., 664",
      "category": "reporters:state",
      "reporter": "N.C.",
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        11271612
      ],
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      "cite": "173 N. C., 664",
      "category": "reporters:state",
      "reporter": "N.C.",
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  "last_updated": "2023-07-14T21:40:32.095485+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "TINA HOLLAND v. M. TURNER HENSON et al."
    ],
    "opinions": [
      {
        "text": "Stagy, C. J.\nTbe only question presented by tbe appeal is whether tbe limit of tbe widow\u2019s year\u2019s allowance, under C. S., 4125, is tbe one-balf of one year\u2019s net income, based on tbe annual income for three years next preceding tbe husband\u2019s 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\u2019s death, as contended for by tbe plaintiff. Tbe statute is as follows:\n\u201cTbe 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.\u201d\n\u00a5e think tbe court below has correctly interpreted tbe statute in tbe present case. Drewry v. Bank, 173 N. C., 664.\nAnnual net income means yearly net income, or'the net income for every twelve months.\nAffirmed.",
        "type": "majority",
        "author": "Stagy, C. J."
      }
    ],
    "attorneys": [
      "William J. Hannah and William T. Hannah for plaintiff.",
      "Smothers & Robinson for defendants."
    ],
    "corrections": "",
    "head_matter": "TINA HOLLAND v. M. TURNER HENSON et al.\n(Filed 3 June, 1925.)\nHusband and Wife \u2014 Widow\u2019s Yearly Allowance \u2014 Statutes\u2014Limitation as to Income of Deceased Husband.\nUnder the provisions of O. S., 4125, the limit of the widow\u2019s yearly allowance, that it shall not exceed one-half the annual net income of her deceased husband upon g. basis of three'years preceding his death, is the average yearly net income or the income for every twelve months, and not one-half of the sum total of the annual net income for three years next preceding his death. Dr&wry v. Bank, 173 N. C., 664.\nAppeal by plaintiff from Schenck, J., at November-December Term, 1924, of Haywood.\nSpecial proceeding for tbe allotment of a widow\u2019s year\u2019s allowance under C. S., 4108 et seq., instituted before tbe clerk of tbe Superior Court of Haywood County and beard on appeal by tbe judge at term.\nTbe clerk found as a fact tbat tbe value of tbe net annual income of plaintiff\u2019s busband, W. J. Holland, for three years next immediately preceding bis death was $2,500; tbat bis widow in tbe usual proceeding for allotment of a year\u2019s support bad been awarded tbe sum of $300, and tbat she bad consumed in addition $200, making a total of $500; tbat tbe amount annually necessary for her use was $2,350; tbat tbe one-balf of tbe annual net income for one year was $1,250, and after deducting tbe $500, tbe amount previously allotted and consumed, rendered judgment for tbe petitioner and against tbe administratrix for $750. On appeal to tbe judge, tbe judgment of -the clerk was, in all respects, confirmed. Plaintiff appeals.\nWilliam J. Hannah and William T. Hannah for plaintiff.\nSmothers & Robinson for defendants."
  },
  "file_name": "0742-01",
  "first_page_order": 820,
  "last_page_order": 821
}