Alexander v. . Cunningham
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Mecklenburg county, at the Special Term in May, 1845, his Honor Judge Tearson presiding. This is a petition for dower brought by the widow of Mo-sesW. Alexander against his-children and heirs at law.
Read the full summary
Appeal from the Superior Court of Law of Mecklenburg county, at the Special Term in May, 1845, his Honor Judge Tearson presiding. This is a petition for dower brought by the widow of Mo-sesW. Alexander against his-children and heirs at law. The only question m the case is with respect to a tract of land, of which Joseph McKnitt Alexander died seized in fee, and of which the petitioner alleges her late husband was, in his lifetime, and at his death in February of the present year, also seised in fee, under a devise thereof to him in and by the will of his father, the said Joseph McKnitt…
1Opinion of the CourtRuffin, C. J.
The question in the case is, whether the plaintiff’s husband got the legal estate of the land in fee, or for life only, under his father’s will. It would, really, seem to be of very little consequence to the plaintiff, which way it is. For, if, upon the construction of the will, it should be held, that by the strict legal limitation he was the tenant in fee, he, immediately, took beneficially but an estate for life, and as to the remainder in fee he took the estate in trust to appoint and divide it among his children. Consequently, if the plaintiff could recover dower at law. it would answer…
2Cited by5 opinions
- Chewning v. . MasonSupreme Court of North Carolina · 1912
- Pridgen v. . PridgenSupreme Court of North Carolina · 1925
- Griffin v. . CommanderSupreme Court of North Carolina · 1913
- Mabry v. . BrownSupreme Court of North Carolina · 1913
- Meyer v. WeilerSupreme Court of Iowa · 1903