Atlantic Trust & Banking Co. v. Stone
Supreme Court of North Carolina
Appeal by both, parties from In/on, J., at tlie April Term, 1918, of New IIanoveb. This is a petition for dower filed in a special proceeding to sell land for assets. B. O. Stone’ died in the county of New Hanover leaving a will in wbieb be devised and bequeathed all of his property to his wife, Mary Eoy Stone, and his children, and the Atlantic Trust Company qualified as his administrator with the will annexed.
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Appeal by both, parties from In/on, J., at tlie April Term, 1918, of New IIanoveb. This is a petition for dower filed in a special proceeding to sell land for assets. B. O. Stone’ died in the county of New Hanover leaving a will in wbieb be devised and bequeathed all of his property to his wife, Mary Eoy Stone, and his children, and the Atlantic Trust Company qualified as his administrator with the will annexed. Thereafter the administrator filed his petition to sell the lands of the testator for assets and the widow of the said B. 0. Stone and his children were parties to said proceeding.…
1Opinion of the CourtAlleN, J.
It is conceded by counsel for tbe trust company tbat tbe failure of tbe widow to dissent from her husband’s will within six months does not prevent her from claiming dower, or its equivalent, in tbe land devised to her, and this position is fully sustained by tbe authorities. Simonton v. Houston, 78 N. C., 408; Lee v. Giles, 161 N. C., 545. Tbe trust company does, however, contend tbat tbe orders and judgments in tbe special proceedings to sell land for assets, to which tbe widow was a party, are valid, and tbat they estop her from claiming dower.
Assuming tbe orders and judgments to be…
2Cases cited4 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- State Ex Rel. Latta v. RussSupreme Court of North Carolina · 1860
- Simonton v. . HoustonSupreme Court of North Carolina · 1878
- Austin v. Austin.Supreme Court of North Carolina · 1903