Askew v. . Askew
Supreme Court of North Carolina
Special proceedings for dower, heard before Graves, J., upon appeal from the Clerk, at April Term, 1889, of the Superior Court of Wake. William P. Askew, residing in Wake County, died in the month of November,' 1887, leaving a widow, Harriet J Askew, and numerous children, and seized and possessed of a large estate, real and personal, all of which, in his will, he devises and bequeaths to the said Harriet J., in absolute property.
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Special proceedings for dower, heard before Graves, J., upon appeal from the Clerk, at April Term, 1889, of the Superior Court of Wake. William P. Askew, residing in Wake County, died in the month of November,' 1887, leaving a widow, Harriet J Askew, and numerous children, and seized and possessed of a large estate, real and personal, all of which, in his will, he devises and bequeaths to the said Harriet J., in absolute property. Upon the probate of the will, on the 4th day of January, next after his death, she entered her dissent thereto, and thereupon filed a petition for an allotment of…
1Opinion of the CourtSmith, C. J.
(after stating the facts). The complaint made by appellants to the manner in which dower is assigned, in respect to the lands under mortgage, lies in the facttfiat one-third in each, as a whole, and as if free from an}*- incumbering debts, was allowed, instead of one-third in value of the equity of redemption — that is, of the full estate, reduced by the amount ofthe incumbrance. Upon the ground of this alleged error, and for its correction, redress is sought in the appeal to this Court.
The commissioners have placed a money estimate upon the several parcels of land left by the deceased,…
2Cases cited3 opinions
- Burton v. . SpiersSupreme Court of North Carolina · 1882
- Creecy v. . Pearce, Adm'r .Supreme Court of North Carolina · 1873
- Caroon, Adm'r v. . Cooper and OthersSupreme Court of North Carolina · 1869
3Cited by9 opinions
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- Overton v. . HintonSupreme Court of North Carolina · 1898
- Rierson v. . HansonSupreme Court of North Carolina · 1937
- Swanzy v. KolbMississippi Supreme Court · 1908
- Griffin v. . GriffinSupreme Court of North Carolina · 1926
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