WILLIAMS v. WILLIAMS

No. 528.

120 S.E.2d 68 (1961)

254 N.C. 729

Effie Banks WILLIAMS v. Eddie WILLIAMS, Administrator of David M. Williams; Eddie Williams and wife, Mrs. Viola Williams; and Cassie Morgan Williams, Intervenor.

Supreme Court of North Carolina.

May 24, 1961.


Attorney(s) appearing for the Case

James R. Pool, Levinson & Levinson, Smithfield, for plaintiff appellee.

Lyon & Lyon, Smithfield, for intervenor appellant.


WINBORNE, Chief Justice.

The determinative question on this appeal is whether or not the lower court erred in nonsuiting the intervenor and concluding as a matter of law, upon the admitted facts and the evidence adduced at the trial, that the petitioner is entitled to dower in the lands of which David M. Williams died seized and possessed.

Ordinarily the petitioner has the burden of proof. However, in cases of voluntary intervention the intervenor has the...

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