Legal Opinion

Thompson v. . Thompson

Supreme Court of North Carolina

Decided June 5, 1854PublishedCited by 9 opinions

This was a Petition for Dower, heard before his Honor Judge Manly, at the Spring Term, 1854, of Orange Superior Court. The cause was heard upon the petition and answers, and the ' following are the facts of the case : The petitioner is the widow of Porter Thompson, who, having made his last will and testament, died in 1858. From this will the widow dissented, and ‘had her dissent duly entered of record in the County Court of Orange.

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This was a Petition for Dower, heard before his Honor Judge Manly, at the Spring Term, 1854, of Orange Superior Court. The cause was heard upon the petition and answers, and the ' following are the facts of the case : The petitioner is the widow of Porter Thompson, who, having made his last will and testament, died in 1858. From this will the widow dissented, and ‘had her dissent duly entered of record in the County Court of Orange. In 1849, Porter Thompson contracted with one Riche-son Nicholls, for the purchase of a house and lot, in the town of ‘Hillsborough, and took a bond from him to…

1Opinion of the CourtPearson, J.

By the act of 1828, a widow is entitled to dower in an “ equity of redemption or other equitable or trust estate in fee, of which her husband dies seized.” The question is, docs the ease of a vendee who is let into possession and dies, leaving a part of the purchase money unpaid, and without talking a conveyance, come within the operation of the Statute, go as to entitle his widow to dower ?

The object of the Statute was to abolish the distinction between a legal and equitable estate, in regard to the right of dower, which had been taken to the prejudice of widows, soon after the introduction…

2Cited by9 opinions

  1. Pridgen v. . PridgenSupreme Court of North Carolina · 1925
  2. Tyndall v. . TyndallSupreme Court of North Carolina · 1923
  3. Virginia-Carolina Chemical Co. v. WalstonSupreme Court of North Carolina · 1924
  4. In re MunfordDistrict Court, E.D. North Carolina · 1919
  5. Latta v. Catawba Electric Co.Supreme Court of North Carolina · 1907

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