Legal Opinion

Wood v. . Sugg

Supreme Court of North Carolina

Decided October 5, 1884PublishedCited by 9 opinions

Specxax, PROCEEDING heard at July Special Terra, 1884, of Greene Superior Court, before MacRae, J. This was'a proceeding for sale of land for partition, commenced before the clerk and transferred to the superior court for the trial of issues raised by the pleadings.

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Specxax, PROCEEDING heard at July Special Terra, 1884, of Greene Superior Court, before MacRae, J. This was'a proceeding for sale of land for partition, commenced before the clerk and transferred to the superior court for the trial of issues raised by the pleadings. The facts disclosed by the evidence are as follows: Jonathan Wood died in 1862, leaving a will by which he devised his entire estate, real and personal, to his wife Emil}’' J. Wood, now Emily J- Lee, during her natural life or widowhood, and then oyer to his children. Plis widow ■qualified as administratrix c. t. a., and…

1Opinion of the CourtAshk, J.

The plaintiffs contend in the court below that Emily J. Wood, the widow of the testator, Jonathan Wood, by her marriage had forfeited her dower, and requested the judge so to charge. In this court they contended that the widow had lost- her right of dower by not dissenting from the will of her said husband within six months after the probate thereof, but this point does not seem to have been taken below, and therefore is not the subject of* consideration here.

But to give tl\e plaintiffs the benefit of both their contentions, they cannot avail them.

The record shows that the widow Emily, after…

2Cases cited2 opinions

  1. Miller Ex-ParteSupreme Court of North Carolina · 1884
  2. Brownell v. BrownellNew York Supreme Court · 1838

3Cited by9 opinions

  1. State v. . AdamsSupreme Court of North Carolina · 1938
  2. Leroy v. Pasquotank & North River Steamboat Co.Supreme Court of North Carolina · 1914
  3. Aydlett v. . PendletonSupreme Court of North Carolina · 1892
  4. Gillespie v. . AllisonSupreme Court of North Carolina · 1894
  5. Moore v. . BakerSupreme Court of North Carolina · 1943

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