69 S.E. 506 | N.C. | 1910
The Court does not take the view of this evidence which seems to have impressed his Honor below. The heirs at law of E. B. Hendren, who were children by a former wife, admitting that the petitioner was entitled to dower in a portion of outlying land, (506) described in the petition, answered and alleged that as to certain property, situate in the town of North Wilkesboro, while the legal title thereto was in their father, E. B. Hendren, at the time of his death, the same had been bought, paid for and improved from money and funds which was the sole and separate estate of their mother. Defendants alleged further that the deed conveying title had been made to the father by mistake instead of their mother, who paid for the property. If these averments are made good, and there was evidence introduced, tending to sustain them, they would establish a trust estate in favor of the defendants, as children and heirs at law of their mother, superior to the claim for dower, which must arise, if at all, from the estate of the father. Ray v. Long,
Error.
(507)