29 N.C. 72 | N.C. | 1846
It seems to us that the court could only proceed in this petition on a dissent declared and entered according to the words of the statute: that is, when a widow is dissatisfied with the last will and testament of her husband she may signify her dissent thereto before the judge of the Superior Court or in the county court where she resides, in open court, within six months after the probate of the (73) said will. There is no proviso or saving in the statute that, in case the widow be a lunatic, then her committee may dissent for her. *58
When the Legislature has not thought proper to insert such a proviso in the act, it seems to us to be asking of the court too much for it to tack such a proviso, by way of construction, to the statute. In Hinton v. Hinton,
PER CURIAM. Affirmed.
Cited: Cheshire v. McCoy,
(74)