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. A part of the land held by her husband at the time of his death was surveyed by direction of the commissioners in dower, and Mrs. Asbill put in possession. Subsequently she acquired more land by purchase, and executed two deeds to her youngest sons, Michael and William Asbill, conveying the land of which she had been put in possession by the commissioners in dower,'as well as the land which she had subsequently acquired. These deeds were delivered by her to G. W. Asbill, to be delivered to the grantees after her death. They were delivered to Michael and William at their request a short time before the death of their mother.

Mi's. Elizabeth Asbill having died, her older children bring this action to partition the land ivhich had been assigned to her, ánd by her conveyed to her two youngest children, and claim that she only had an estate for life in the land, and at her death it became divisible among the heirs of A. W. Asbill. Upon the other hand, the grantees of Elizabeth Asbill, Michael and William, .allege that one-sixth in value of their father’s land was assigned in fee to the widow in lieu of dower, by the commissioners to lay off dower, and that that assignment was confirmed by the court by the consent of all parties in interest. It thus appears that the pivotal question in the cause is, what was the nature of the interest of Mrs. Asbill in the land assigned to her by the commissioners’ return which was confirmed by the court?

The cause came on to be heard before Judge Aldrich, who, after listening to the argument of counsel, directed that an issue be submitted to a jury to say, “What was the return of the commissioners in dower, confirmed by Chancellor Carroll November 13, 1867?”

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