Simonton v. . Houston
Supreme Court of North Carolina
Special PROCEEDING for Dower commenced in the Probate Court and tried on appeal at Fall Term, 1877, of Iredell Superior Court, before Cloud, J. Robert J. Simonton died in the year 1876, in Iredell County, leaving a last will and testament in which he named the plaintiff (his widow) his executrix, who instituted this proceeding in June, 1877, against the creditors of her testator, to have her dower allotted.
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Special PROCEEDING for Dower commenced in the Probate Court and tried on appeal at Fall Term, 1877, of Iredell Superior Court, before Cloud, J. Robert J. Simonton died in the year 1876, in Iredell County, leaving a last will and testament in which he named the plaintiff (his widow) his executrix, who instituted this proceeding in June, 1877, against the creditors of her testator, to have her dower allotted. The case agreed states that said will was duly admitted to prob ate on the 27th of February, 1876, and the plaintiff qualified as executrix ; that she proceeded to collect the assets of…
1Opinion of the CourtBynum, J.
“ Every widow may dissent from her husband’s will before the Court of Probate of the County in which the will is proved, at any time within six months after probate.” Bat. Rev. ch. 117 § 6. Where the widow does not dissent, there is no prescribed time within which she must apply for dower, and as-in this case she enters no-dissent to the will.and makes no application adverse to her rights under it, there is no statute and no principle of the-common law which bars her right of dower, or the equiva lent of it, in the lands of the husband. The case of Mendenhall v. Mendenhall, 8 Jones 287, is…
2Cases cited1 opinion
- Avery, Ex ParteSupreme Court of North Carolina · 1870
3Cited by7 opinions
- Atlantic Trust & Banking Co. v. StoneSupreme Court of North Carolina · 1918
- In Re Shuford's WillSupreme Court of North Carolina · 1913
- Freeman v. . RamseySupreme Court of North Carolina · 1925
- In re Will of ShufordSupreme Court of North Carolina · 1913
- Rook v. . HortonSupreme Court of North Carolina · 1925
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