Creecy v. . Pearce, Adm'r .
Supreme Court of North Carolina
This was a petition for dower, first heard before the clerk of the Superior Court of Chowan county, and after-wards before his Honor, Albertson, J. The facts of the case were shortly these: Augustus R. Creecy died in the county of Chowan in November, 1872, leaving the petitioner, his widow, and several children, who ■are defendants.
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This was a petition for dower, first heard before the clerk of the Superior Court of Chowan county, and after-wards before his Honor, Albertson, J. The facts of the case were shortly these: Augustus R. Creecy died in the county of Chowan in November, 1872, leaving the petitioner, his widow, and several children, who ■are defendants. In his life-time he owned a tract of land, which he mortgaged to one John Roberts, for fifteen hundred dollars, which remained unpaid at the time of his death. The defendant, Pearce, administered on his estate and found it to be insolvent. In her petition; the…
1Opinion of the CourtPearson, C. J.
A widow as against the legatees or distributies has an equity for exoneration, that is, to have a debt of her husband, which is a charge upon the land, paid out of the personal estate, it being the primary fund for the payment of debts. So a widow as against the divisees or heirs has an equity for exoneration. Carson v. Cowper, 63 N. C. Rep 386. Smith v. Gilmer, 64 N. C. Rep. 546.
In this case, the question is in regard to the right of the widow as against creditors of her husband. But for the mortgage on the land to secure the debt due to Roberts, the right of. dower has priority over…
2Cases cited1 opinion
- Smith v. GilmerSupreme Court of North Carolina · 1870
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