Avery, Ex Parte
Supreme Court of North Carolina
Do wee, tried before Mitchell, J., at Fall Term 1869, of Bueke Court. The petition, which was ex pa/rte, in the names of the widow and heirs of William Waightstill Avery deceased, set forth that the deceased died in 1864, leaving a considerable estate in lands, which he bequeathed to his widow for life, &c.; that the will was duly proved in Burke County Court, and the widow has been duly appointed guardian of the heirs, &c.; also that the estate is found to he insolvent; the…
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Do wee, tried before Mitchell, J., at Fall Term 1869, of Bueke Court. The petition, which was ex pa/rte, in the names of the widow and heirs of William Waightstill Avery deceased, set forth that the deceased died in 1864, leaving a considerable estate in lands, which he bequeathed to his widow for life, &c.; that the will was duly proved in Burke County Court, and the widow has been duly appointed guardian of the heirs, &c.; also that the estate is found to he insolvent; the prayer was for dower, &c. The Judge dismissed the petition, on the ground that the widow had not dissented Rom the will…
1Opinion of the CourtDick, J.
A widow wbo takes land as a devisee under the will of her husband, is remitted to her right of dower, when it becomes necessary to resort to the lands devised to her, for the payment of the debts of her husband: Mitchener v. Atkinson, Phil. Eq. 23; Gully v. Holloway, 63 N. C. 84. She may have her interest ascertained and allotted to ber, in the manner provided by law for the assignment of dower, which shall not be subject to the payment of the debts of her husband during the term of her life. When the rights of creditors are not interfered with, the widow and heirs at law may properly join in…
2Cases cited2 opinions
- Ramsour v. . RamsourSupreme Court of North Carolina · 1869
- Gully v. . HollowaySupreme Court of North Carolina · 1868
3Cited by9 opinions
- Wadford v. . DavisSupreme Court of North Carolina · 1926
- Freeman v. . RamseySupreme Court of North Carolina · 1925
- Seaman v. Seaman.Supreme Court of North Carolina · 1901
- Simonton v. . HoustonSupreme Court of North Carolina · 1878
- Morris v. . HouseSupreme Court of North Carolina · 1899
4 more not listed; retrieve them via the Exa API.