Mendenhall v. . Mendenhall
Supreme Court of North Carolina
This was a petition for dower, heard before Saunders, J., at Pall Term, 1860, of Guilford Superior Court. George C. Mendenhall died in the month of March, I860,, leaving a last will and testament in which the'petitioner, Delphina, is named as executrix. She qualified at the term of the county court next after the death of her husband, which was May term, 1860. At August term, 1860, she filed her dissent from the will.
Read the full summary
This was a petition for dower, heard before Saunders, J., at Pall Term, 1860, of Guilford Superior Court. George C. Mendenhall died in the month of March, I860,, leaving a last will and testament in which the'petitioner, Delphina, is named as executrix. She qualified at the term of the county court next after the death of her husband, which was May term, 1860. At August term, 1860, she filed her dissent from the will. The testator died possessed of a large real estate, and this petition is filed against the' defendant as heir-at-law, and prays that she be allowed dower in said lands. Upon the…
1Opinion of the CourtPearson, C. J.
A husband dies leaving a last will and testament, in which he appoints his wife sole executrix. She offers the will for probate, and qualifies as executrix. The question is, does she by doing so, waive her right to dissent from the will ? or can she afterwards enter her dissent and claim dower, a year’s provision and distributive share as if her husband had died intestate?
This Court is of opinion that by qualifying as executrix and taking on herself the burthen of executing the will, she waived her right to dissent.
Our conclusions are based on several considerations, all or any one of which,…
2Cited by18 opinions
- Thompson v. SolesSupreme Court of North Carolina · 1980
- Allen v. . AllenSupreme Court of North Carolina · 1897
- Long v. Town of RockinghamSupreme Court of North Carolina · 1924
- Benton v. . AlexanderSupreme Court of North Carolina · 1945
- Moseley v. BogySupreme Court of Missouri · 1917
13 more not listed; retrieve them via the Exa API.