TURNER v. TURNER

No. 32.

89 S.E.2d 245 (1955)

242 N.C. 533

Willie E. TURNER and George L. Turner, Individually and as Administrators of the Estate of E. F. Turner, Petitioners, v. Hobson D. TURNER, E. Royall Turner, Odette T. Webb, Olia T. Spruill, Bessie T. Hyatt and Charlie P. Turner; and Ruth U. Turner, Additional Defendant, Defendants.

Supreme Court of North Carolina.

September 21, 1955.


Attorney(s) appearing for the Case

John H. Hall, Elizabeth City, for Ruth U. Turner defendant, appellant.

T. W. Costen, Gatesville, and Worth & Horner, Elizabeth City, for plaintiff, appellees.


PARKER, Justice.

The defendant Ruth U. Turner contends that the deed of separation operated as a substitution for, or a rescission of, the antenuptial agreement, that the resumption of conjugal cohabitation by E. F. Turner and herself annulled the deed of separation, and therefore she is entitled to dower.

Ruth Umphlett, in contemplation of marriage, with E. F. Turner was expressly authorized by G.S. § 52-13 to release by valid contract her right of dower...

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