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WHITTED v. WADE

No. 315.

100 S.E.2d 263 (1957)

247 N.C. 81

Maud G. WHITTED, by her Guardian, Malcom L. Grady, Petitioner, v. Melvin M. WADE and wife, Katrine P. Wade; Yvonne Wade, a Minor, William Melvin Wade, a Minor, Mabel Whitted, Sallie Whitted, Joe Gray Whitted and wife, Shirley Whitted, Frances Odom and husband, Norwood Odom, Ormand Whitted, a Minor, Leslie Ray Whitted, a Minor, Willie W. Turnage and husband, John Turnage, Temesia W. Benton and husband, William F. Benton, Winnie W. Davis and husband, Robert Davis, William Whitted and wife, Pauline M. Whitted, and all other children in esse or who may be hereafter born to the marriage between the said Katrine P. Wade and Melvin M. Wade, and any and all other persons interested in the properties of William G. Whitted, deceased.

Supreme Court of North Carolina.

October 30, 1957.

Attorney(s) appearing for the Case

Wallace & Wallace, Kinston, for plaintiff appellee.

Jones, Reed & Griffin, Kinston, for defendants appellants.

WINBORNE, Chief Justice.

The question involved on this appeal is stated by appellant substantially in this manner: Is the plaintiff barred by G.S. § 30-1 or by laches from dissenting from the will of her late husband, William G. Whitted, and from demanding an allotment of dower in his lands, and from obtaining an accounting for rents and profits on account of her alleged dower interest therein? It was in this strain...

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