A widow cannot enter upon and occupy what part of her husband's lands she pleases, without an assignment of dower.
PER CURIAM.
The deed ascertaining the boundaries is not binding, being signed by the defendant during her coverture with the second husband; neither is her acceptance of dower during coverture an estoppel to her to claim more, as it might have been had the acceptance been during her widowhood; but she ought to have had a new assignment of dower if she was dissatisfied with the former; she cannot enter upon and occupy what part she pleases without assignment; and, therefore, her entering upon the land beyond those bounds, and clearing and cultivating them, was a trespass.
Verdict for the plaintiff.
Cited: Harrison v. Wood, 21 N.C. 440; S. v. Thompson, 130 N.C. 681.