Smith v. Gilmer
Supreme Court of North Carolina
Dower, tried before Tourgee, <■/., at Fall Term 1869 of Guilford Court. Tbe land sought to be subjected to dower was three tracts, viz: The McMurry tract, the Chrisman tract, and a tract of some 756 acres acquired by the deceased, W. E. Smith, under the will of his father, Eli Smith. No question was. raised in regard to the liability of the the two former tracts.
Read the full summary
Dower, tried before Tourgee, <■/., at Fall Term 1869 of Guilford Court. Tbe land sought to be subjected to dower was three tracts, viz: The McMurry tract, the Chrisman tract, and a tract of some 756 acres acquired by the deceased, W. E. Smith, under the will of his father, Eli Smith. No question was. raised in regard to the liability of the the two former tracts. The questions as to the latter were, as to the extent to which they were charged with pecuniary legacies' left to various persons in the will of Eli Smith. William E, Smith died in 1868, and Eh Smith, in 1862. The portions of the…
1Opinion of the CourtSettle, J.
We are of opinion that none of the legacies in the will of Eli Smith are a charge upon the land devised to William E. Smith, except the legacy of $1,500 to William M. Gilmer, contained in the 6th item of the will. This is clearly a charge upon the land, and the devisee took the -same cum onere, immediately upon the death of the testator: Doe v. Woods, Bus. 290.
*548[[Image here]]
[[Image here]]
[[Image here]]
[[Image here]]
[[Image here]]
2Cited by7 opinions
- Creecy v. . Pearce, Adm'r .Supreme Court of North Carolina · 1873
- Ruffin v. . CoxSupreme Court of North Carolina · 1874
- Virginia-Carolina Chemical Co. v. WalstonSupreme Court of North Carolina · 1924
- Overton v. . HintonSupreme Court of North Carolina · 1898
- Brown v. . McLeanSupreme Court of North Carolina · 1940
2 more not listed; retrieve them via the Exa API.