Houston v. . Smith
Supreme Court of North Carolina
Special PROCEEDING for dower begun in the probate court •and tried at July special term, 1882, of DupliN Superior Court, before Gilliam, J. The plaintiff is the widow of John E. Smith, and now the wife of one Houston.
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Special PROCEEDING for dower begun in the probate court •and tried at July special term, 1882, of DupliN Superior Court, before Gilliam, J. The plaintiff is the widow of John E. Smith, and now the wife of one Houston. The case was submitted by the parties to the judge to find the facts, which are as follows: Kinsey Whaley died seized of the land in controversy, and by his will devised the same to his wife, Nancy J., for her life, and the remainder to J. J. Whaley and Ephinia Whaley. John E. Smith, the father of defendants, purchased the interest of J. J. Whaley, and intermarried with Ephinia…
1Opinion of the CourtAshe, J.
The only point presented by the record for our consideration is — was there error in the refusal of His Honor to receive the evidence offered by the plaintiff in relation to the alleged release from rent, and to the agreement on the part of Nancy Whaley that John E. Smith might occupy the land during her life without charge.
By the act of 1868-’69, every married woman, upon the death of her husband iutestate, or in case she shall dissent from his will, shall be entitled to an estate for her life in one-third in value of all the lands, tenements and hereditaments, whereof her husband was seized…
2Cited by9 opinions
- Redding v. Vogt.Supreme Court of North Carolina · 1906
- Luther v. LutherSupreme Court of North Carolina · 1951
- Herring v. Volume Merchandise, Inc.Supreme Court of North Carolina · 1958
- Mintz v. . RussSupreme Court of North Carolina · 1913
- Barnes v. . RaperSupreme Court of North Carolina · 1884
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