¶1I concur in the result of this case on the ground that the parties to the action to marshal the estate and sell the real estate of the deceased, in which the widow claimed dower, submitted to the confirmation of the assignment of dower by the commissioners without appeal. But I cannot agree to the proposition, that commissioners in dower have the power to assign any portion of the real estate in fee, as an original question.
24 S.C. 355
Asbill v. Asbill
Supreme Court of South Carolina
Decided March 8, 1886
Supreme Court of South Carolina · decided 1886-03-08
Before Wallaob, J., Edgefield, October, 1884. This appeal was from the following decree: After the death of A. W. Asbill, his estate, 'being insolvent, was settled by proceedings in the court, to which his widow, Elizabeth Asbill, was a party. In her answer to the complaint she elected to take dower, and it was ordered that dower be assigned to her.
Cited by 1 later decisions — most recently July 1969
Good law ✅— No negative treatment on recordhow we know
Decided 1886-03-08
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