Phifer v. . Giles
Supreme Court of North Carolina
Appeal from Adams, J., at July Term, 1911, of MeckxeN-BTIRG. This is a proceeding for the allotment of dower, the petitioner claiming as the widow of R. S. Phifer, who was one of seven children of M. M. Phifer. A demurrer was filed to the original petition, which was sustained, and the .petitioner excepted and appealed to this Court. The appeal was heard at the last term, and the judgment of the Superior Court was affirmed.
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Appeal from Adams, J., at July Term, 1911, of MeckxeN-BTIRG. This is a proceeding for the allotment of dower, the petitioner claiming as the widow of R. S. Phifer, who was one of seven children of M. M. Phifer. A demurrer was filed to the original petition, which was sustained, and the .petitioner excepted and appealed to this Court. The appeal was heard at the last term, and the judgment of the Superior Court was affirmed. Upon the opinion of the Supreme Court being certified to the Superior Court, the petitioner filed an amended petition, by permission of the court, by adding the following…
1Opinion of the Court
Allen, J.,
after stating the case: When this case was before us on the former appeal, it was decided, upon tbe allegations then made, that the petitioner ivas not entitled to dower, as it was not made to appear that any part of tbe trusts declared in tbe will of M. M. Pbifer bad been executed, or that any part of tbe land devised in said will remained unsold, or that it was unnecessary to sell all of said land, or that after tbe payment of tbe debts and charges there would be any surplus.
It was also intimated tbat tbe trusts declared in said will were active trusts, and tbat a construction of…
2Cases cited9 opinions
- Lent v. . HowardNew York Court of Appeals · 1882
- Brewer v. . WynneSupreme Court of North Carolina · 1911
- Prentice v. . JanssenNew York Court of Appeals · 1880
- Scholle v. . ScholleNew York Court of Appeals · 1889
- Benbow v. . MooreSupreme Court of North Carolina · 1894
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- Meekins v. Branning Mfg. Co.District Court, E.D. North Carolina · 1915
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