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McMICHAEL v. PROCTOR

No. 667.

91 S.E.2d 231 (1956)

243 N.C. 479

P. D. McMICHAEL, Administrator of Lawrence L. Proctor, Deceased, v. Frances C. PROCTOR, widow, John Proctor and wife, Emma Proctor, Glenn Proctor and wife, Eula Proctor, Hattie P. Wilson and husband, Irvin Wilson, Frances P. Mills and husband, Paul Mills, Curtis Proctor, single, James Proctor and wife, India Proctor, and Shirley Ann Proctor, minor, by and through her General Guardian, Curtis Proctor.

Supreme Court of North Carolina.

February 3, 1956.

Attorney(s) appearing for the Case

Brown, Scurry & McMichael, Reidsville, for administrator.

Brown, Scurry & McMichael, Reidsville, and Price & Osborne, Leaksville, for widow, Frances C. Proctor.

P. W. Glidewell, Sr., and Gwyn & Gwyn, Reidsville, for respondents.

BARNHILL, Chief Justice.

The heirs challenge the final account filed by the petitioner in one respect only. They assert that the payment of the present cash value of the widow's interest in the land sold to make assets should not be paid to her; that she wrongfully slew her husband, petitioner's intestate; that she thereby forfeited her interest in her husband's estate; and that the sum which represents the present cash value of her dower interest should be paid to...

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