Vannoy v. . Green

The only appellant is Josie Green, widow of G. C. Green, who died intestate on 16 April, 1931. The procedure is not questioned; in the allotment of dower and the partition of land only one proceeding is necessary. C. S., 3226, 4105; Baggett v. J ackson, 160 N. C., 26. The appeal presents the question whether a widow has a legal right to select the land upon which her dower shall be allotted — i. e., whether she has a legal right to determine the location of her dower.

At common law a widow bad no estate in her husband’s land until her dower was assigned. Spencer v. Weston, 18 N. C., 213;…