Legal Opinion

Thompson v. Crump.

Supreme Court of North Carolina

Decided April 4, 1905PublishedCited by 6 opinions

Special PkocebdiNG by S. B. Thompson and others v. T. E. Crump, beard by Judge M. II. Justice at Chambees, on Nov. 2oth, 1904. ■ This is a special proceeding brought before tbe clerk of tbe Superior Court of Union County for tbe partition of certain lands.

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Special PkocebdiNG by S. B. Thompson and others v. T. E. Crump, beard by Judge M. II. Justice at Chambees, on Nov. 2oth, 1904. ■ This is a special proceeding brought before tbe clerk of tbe Superior Court of Union County for tbe partition of certain lands. Tbe facts which present tbe particular question to be determined are not disputed and are as follows: J ames W. Thompson, deceased husband of T. E. Crump, one of tbe defendants in this action, by virtue of tbe will of bis father, L. B. Thompson, took and up to tbe time of bis death was possessed of two tracts of land consisting of 115…

1Opinion of the Court

Brown, J.,

after stating the facts: The application of the Buie in Shelley’s Case to the item of the will by virtue of which James W. Thompson took and remained in possession of the two tracts of land comprising 115 acres is the sole question presented for our determination. If the rule applies and James W. Thompson died seized in fee of the premises conveyed, then it is plain that T. E. Crump, his widow, would be entitled to dower in the land. But if there are superadcled words so limiting and qualifying the estate bequeathed to James W. Thompson as to make the rule inapplicable, then his…

2Cited by6 opinions

  1. Sessoms v. . SessomsSupreme Court of North Carolina · 1907
  2. Pridgen v. . PridgenSupreme Court of North Carolina · 1925
  3. Berry v. SpiveyCourt of Appeals of Texas · 1906
  4. Morehead v. . MontagueSupreme Court of North Carolina · 1931
  5. Hardy v. . HardySupreme Court of North Carolina · 1917

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