Legal Opinion · Dissent

Atlantic Trust & Banking Co. v. Stone

Supreme Court of North Carolina

Decided October 23, 1918PublishedCited by 8 opinions

Appeal by both, parties from In/on, J., at tlie April Term, 1918, of New IIanoveb. This is a petition for dower filed in a special proceeding to sell land for assets. B. O. Stone’ died in the county of New Hanover leaving a will in wbieb be devised and bequeathed all of his property to his wife, Mary Eoy Stone, and his children, and the Atlantic Trust Company qualified as his administrator with the will annexed.

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Appeal by both, parties from In/on, J., at tlie April Term, 1918, of New IIanoveb. This is a petition for dower filed in a special proceeding to sell land for assets. B. O. Stone’ died in the county of New Hanover leaving a will in wbieb be devised and bequeathed all of his property to his wife, Mary Eoy Stone, and his children, and the Atlantic Trust Company qualified as his administrator with the will annexed. Thereafter the administrator filed his petition to sell the lands of the testator for assets and the widow of the said B. 0. Stone and his children were parties to said proceeding.…

1DissentWalker, J.

This is a petition for dower filed in a special proceeding to sell land for assets.

B. O. Stone died in the county of New Hanover leaving a will in which he devised and bequeathed all of his property to his wife, Mary Foy Stone, and his children, and the Atlantic Trust Company qualified as his administrator with the will annexed. Thereafter the administrator filed his petition to sell the lands of the testator for assets and the widow of the said B. O. Stone and his children were parties to said proceeding.

Orders of sale were made in said proceeding and a part of the lands sold and the sales…

2Cases cited4 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. State Ex Rel. Latta v. RussSupreme Court of North Carolina · 1860
  3. Simonton v. . HoustonSupreme Court of North Carolina · 1878
  4. Austin v. Austin.Supreme Court of North Carolina · 1903

3Cited by8 opinions

  1. Price v. . EdwardsSupreme Court of North Carolina · 1919
  2. Chemical Co. v. . WalstonSupreme Court of North Carolina · 1924
  3. Virginia-Carolina Chemical Co. v. WalstonSupreme Court of North Carolina · 1924
  4. Poindexter v. FIRST NATIONAL BANK OF WINSTON SALEMSupreme Court of North Carolina · 1958
  5. Freeman v. . RamseySupreme Court of North Carolina · 1925

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