VINSON v. CHAPPELL

No. 688SC445.

164 S.E.2d 631 (1968)

3 N.C. App. 348

Nannie D. VINSON v. Minnie V. CHAPPELL, Administratrix C. T. A. of John A. Vinson, Deceased, Minnie V. Chappell, Individually, Lizzie Sasser, Merl C. McClenny, Administrator of the Estate of David J. Vinson, Deceased, Sallie H. Vinson, Widow, Margaret V. McClenny and Frances V. Bryant.

Court of Appeals of North Carolina.

December 31, 1968.


Attorney(s) appearing for the Case

Herbert B. Hulse and Sasser, Duke & Brown by John E. Duke, Goldsboro, for plaintiff appellant.

Futrelle & Baddour, by Philip A. Baddour, Jr., Goldsboro, for defendant appellees.


BRITT, Judge.

Plaintiff asserts that the provisions of G.S. § 30-3(b) should be declared illegal and unconstitutional. This statute provides in substance that whenever a second or successive spouse dissents from the will of his or her deceased spouse, he or she shall take one-half of the amount provided by the Intestate Succession Act for the surviving spouse if the testator has surviving him a lineal descendant by a former marriage but there is no surviving...

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