JOYCE v. JOYCE

No. 671.

133 S.E.2d 675 (1963)

260 N.C. 757

Maude JOYCE v. Tom JOYCE and Floyd H. (Jack) Joyce, CoExecutors of the Estate of Floyd P. Joyce, Tom Joyce, Floyd H. (Jack) Joyce, Cleo Stone, Nina Billings and Estelle Arrington.

Supreme Court of North Carolina.

December 19, 1963.


Attorney(s) appearing for the Case

Hayes & Hayes, Winston-Salem, for plaintiff appellee.

Leonard H. Van Noppen, Danbury, for defendant appellants.


DENNY, Chief Justice.

The defendants assign as error the action of the court below in signing judgment to the effect that the act of qualifying as executrix under the circumstances involved did not estop the plaintiff from subsequently dissenting from her husband's will within six months after probate, and that she is entitled to take a share in the estate of her late husband in the same manner and to the same extent as though he had died intestate.

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