Tucker v. . Tucker
Supreme Court of North Carolina
This action was commenced in the Superior Court of New HaNoyer County, to have the defendant’s dower allotted to her in the land mentioned in the pleadings, and heard, upon appeal from the Clerk, at Spring Term, 1888, before Shepherd, J., upon the following facts, found as a special verdict: “ William Tucker, the husband of the defendant, died seized and possessed of the propertj^ in controversy, leaving the defendant as his widow, and the plaintiff as his only heir-at-law,…
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This action was commenced in the Superior Court of New HaNoyer County, to have the defendant’s dower allotted to her in the land mentioned in the pleadings, and heard, upon appeal from the Clerk, at Spring Term, 1888, before Shepherd, J., upon the following facts, found as a special verdict: “ William Tucker, the husband of the defendant, died seized and possessed of the propertj^ in controversy, leaving the defendant as his widow, and the plaintiff as his only heir-at-law, said plaintiff being an adult brother; and that said AVilliam Tucker died in the year 1880; that at the date of his…
1Opinion of the CourtDavis, J.
It is said for the plaintiff, that if the husband dies, leaving no debts and no children, the widow will not be entitled to a homestead, but only to dower, and it is insisted that, this being so, the homestead is conferred simply as a protection against creditors, and that if the homestead has been assigned, and the heir, representing the deceased debtor, pays off the debts, there will no longer be a necessity for the continuance of the homestead estate, and the heir will become entitled to the land, subject only to the widow’s right of dower; and for this position Hoger v. Nixon, 69 N. C.,…
2Cases cited2 opinions
- Hager v. . Nixon and Wife .Supreme Court of North Carolina · 1873
- Smith v. . McDonaldSupreme Court of North Carolina · 1886
3Cited by1 opinion
- Williams v. JohnsonSupreme Court of North Carolina · 1949