Thomas v. . Bunch
Supreme Court of North Carolina
Appeal from Justice, J., at November Term, 1911, of Bertie. This is a proceeding by tbe administrator of Charles B. Bunch to sell land for assets, and the only question presented by the appeal is the right of the widow of the intestate to dower or to a homestead in the land described in the petition. A jury trial was waived and the following facts agreed to: “First.
Read the full summary
Appeal from Justice, J., at November Term, 1911, of Bertie. This is a proceeding by tbe administrator of Charles B. Bunch to sell land for assets, and the only question presented by the appeal is the right of the widow of the intestate to dower or to a homestead in the land described in the petition. A jury trial was waived and the following facts agreed to: “First. That on 9 March, 1899, Asa Cooper was the owner in fee simple and in possession of the-following described tract of land in Bertie County, N. 0., tO' wit: The Asa Cooper tract of land, which is bounded by the lands of II. W.…
1Opinion of the CourtAlleN, J.
The right of the widow of Charles B. Bunch to dower or .to a homestead depends on the estate and interest in her husband at the time of his death.
■ If there was an outstanding life estate, there was no seizin in him which would entitle her to dower (Houston v. Smith, 88 N. C., 313; Barnes v. Raper, 90 N. C., 190; Redding v. Vogt, 140 N. C., 562); nor was he entitled to a homestead in the remainder (Murchison v. Plyler, 87 N. C., 79; Stern v. Lee, 115 N. C., 427); and it is only in the contingency that the husband is the owner of a-homestead at the time of his death, leaving a widow but no…
2Cases cited7 opinions
- Triplett v. . WilliamsSupreme Court of North Carolina · 1908
- Davis v. FrazierSupreme Court of North Carolina · 1909
- Redding v. Vogt.Supreme Court of North Carolina · 1906
- Carolina Real Estate Co. v. BlandSupreme Court of North Carolina · 1910
- Featherston v. . MerrimonSupreme Court of North Carolina · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Baggett v. . JacksonSupreme Court of North Carolina · 1912
- Beacom v. AmosSupreme Court of North Carolina · 1913
- Brown v. . BrownSupreme Court of North Carolina · 1915
- Stephens Co. v. LiskSupreme Court of North Carolina · 1954
- Sheets v. . WalshSupreme Court of North Carolina · 1940
6 more not listed; retrieve them via the Exa API.