Legal Opinion

Askew v. . Bynum

Supreme Court of North Carolina

Decided June 5, 1879PublishedCited by 7 opinions

PbtitioN for Dower filed before the Clerk of the Superior Court of Hertford, and heard on appeal at Chambers, on the 19th of September, 1878, before Eure J. A. J. Askew and Mary A. his wife intermarried in the year 1843; and 1874, the husband died, residing at the time of his death,on a tract of land of which he was seized, situate in .the county of Bertie, leaving him surviving, his-wife, the plaintiff.

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PbtitioN for Dower filed before the Clerk of the Superior Court of Hertford, and heard on appeal at Chambers, on the 19th of September, 1878, before Eure J. A. J. Askew and Mary A. his wife intermarried in the year 1843; and 1874, the husband died, residing at the time of his death,on a tract of land of which he was seized, situate in .the county of Bertie, leaving him surviving, his-wife, the plaintiff. The husband in the year 1869 acquired a title in fee in and to a tract of land in the county of Hert-ford, called the “ Bynum tract,” and he continued to be the owner thereof until he…

1Opinion of the CourtDillard, J.

(After stating the case.) By act of the general assembly ratified on the 2nd of March, 1867, the right of dower in this state theretofore attaching only to the lands of which the husband died seized, was enlarged and made to embrace all the lands of which the husband was seized at his death or at any time during the coverture; unless conveyed with a joinder of the wife in the deed, and with privy examination as prescribed by law. The quantity to be assigned was one-third interest in value of all such lands,. with a peremptory direction to include the dwelling house in which the husband…

2Cases cited1 opinion

  1. State v. . CunninghamSupreme Court of North Carolina · 1875

3Cited by7 opinions

  1. High v. PearceSupreme Court of North Carolina · 1941
  2. High v. . PearceSupreme Court of North Carolina · 1941
  3. Newell v. . GreenSupreme Court of North Carolina · 1915
  4. Harrington v. Harrington.Supreme Court of North Carolina · 1906
  5. Howell v. Parker.Supreme Court of North Carolina · 1904

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