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BLANKENSHIP v. BLANKENSHIP

No. 90.

66 S.E.2d 680 (1951)

234 N.C. 162

BLANKENSHIP et al. v. BLANKENSHIP et al.

Supreme Court of North Carolina.

September 19, 1951.

Attorney(s) appearing for the Case

Oscar Stanton and Pangle & Garrison, Asheville, for appellants.

R. R. Williams, Robt. R. Williams, Jr., Asheville, for appellees.

DEVIN, Chief Justice.

Tenancy by the curtesy is a development of the common law and in North Carolina the rights of the husband, and limitations therein, are declared and defined by statute, G.S. § 52-16. It is a right which the husband may forfeit by specified acts of misconduct or which he may release by a separation agreement. Thompson v. Wiggins, 109 N.C. 508, 14 S.E. 301; Garrett v. Kirtley, 97 W.Va. 484, 125 S.E. 347, 40 A.L.R. 1222; 35 A.L.R. 1526; 49...

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