Dixon v. . Coward
Supreme Court of North Carolina
Cause removed from the Court of Equity of Greene County. Windsor Dixon died intestate in 1851, seized in fee of a tract of laud in Greene, containing 888 acres, and leaving a widow and also six children, and the child of a deceased daughter surviving him, who are his heirs at law. All the children were the issue of a second marriage, except the defendant, Mary E., who. is the wife of the defendant, John H. Coward.
Read the full summary
Cause removed from the Court of Equity of Greene County. Windsor Dixon died intestate in 1851, seized in fee of a tract of laud in Greene, containing 888 acres, and leaving a widow and also six children, and the child of a deceased daughter surviving him, who are his heirs at law. All the children were the issue of a second marriage, except the defendant, Mary E., who. is the wife of the defendant, John H. Coward. The bill is filed against Coward and wife, by the other children and the grand-ohildren, and prays for a partition of the said descended land, subject to the right of dower of the…
1Opinion of the CourtRuffin, J.
Under the statute of descents of 1808, only-lands settled in fee simple, were advancements to be taken into account in the partition of other lauds descended. But the Revised Code, chap. 38, sec. 2, which went into operation the 1st of January, 1856, which was prior to the death of the propositus, uses the terms “ any real or personal estate,” which includes every thing settled or given to a child. Those terms are very broad in themselves, but they must be taken in the most extensive sense, when it is considered that all the previous statutes are repealed, and that this act complicates realty…
2Cited by2 opinions
- Jones v. . SpaightSupreme Court of North Carolina · 1811
- Toomer v. . ToomerSuperior Court of North Carolina · 1805