Lee v. . Giles
Supreme Court of North Carolina
Appeal from Carter, J., at August Term, 1912, of SampsoN. Civil action to recover possession of a bouse and lot in Clinton, N. C., and for other relief.
Read the full summary
Appeal from Carter, J., at August Term, 1912, of SampsoN. Civil action to recover possession of a bouse and lot in Clinton, N. C., and for other relief. On tbe trial it was properly made to appear: 1. That Judge A. A. McCoy died resident in said county on 11 November, 1885, owning and possessed of certain real estate, including tbe bouse and lot in question, and leaving a last will and testament in wbicb bis widow, R. A. McCoy, was made tbe sole devisee of all bis property, botb real and personal, and containing provision that if sbe married again sbe was to share equally with such of bis…
1Opinion of the Court
Hoke, J.,
after stating the case: Our statute, Revisal, sec. 3082 (Code ’83, secs. 2104-2115), provides that the dower or right of dower of a widow and such lands as may be devised to her by his will, if such lands do not exceed the quantity she would be entitled to by right of dower, although she has not dissented from such will, shall not be subjected to the payment of debts due from the estate of her husband during the term of her life, etc. In the present instance the widow did not dissent from her husband’s will within a period of six months, the time as required by the law, and further…
2Cases cited18 opinions
- Jones v. . WilliamsSupreme Court of North Carolina · 1911
- Smith v. YuleCalifornia Supreme Court · 1866
- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
- Garbutt v. MayoSupreme Court of Georgia · 1907
- Niles v. CooperSupreme Court of Minnesota · 1906
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Chemical Co. v. . WalstonSupreme Court of North Carolina · 1924
- Riddick v. . DavisSupreme Court of North Carolina · 1941
- Virginia-Carolina Chemical Co. v. WalstonSupreme Court of North Carolina · 1924
- Lamm v. . LammSupreme Court of North Carolina · 1913
- Staton and White v. . Davenport and BellSupreme Court of North Carolina · 1886
2 more not listed; retrieve them via the Exa API.