Coats v. Williams

“General rules of pleading as to demurrers ordinarily apply as to the grounds for demurrer to a bill, complaint, or petition for partition.” 68 C.J.S., Partition § 97(b); 40 Am. Jur., Partition § 71; McIntosh, N. C. Practice and Procedure, § 910(2).

The facts alleged in the petition disclose: Subject to the widow’s right of dower, each of the nine children acquired an undivided one-ninth interest in the 18-acre and in the 33.2-acre tracts.

The widow’s right of dower is “a fixed and vested right of property in the nature of a chose in action — the right to demand an assignment of dower.” Trust…