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HELLER v. HELLER

No. 693SC550.

171 S.E.2d 335 (1969)

7 N.C. App. 120

Lenore HELLER v. Alfred HELLER and Theodora Heller Gertner.

Court of Appeals of North Carolina.

December 31, 1969.

Attorney(s) appearing for the Case

Harrell & Mattox, by Fred T. Mattox, Greenville, for plaintiff appellant.

Lewis & Rouse, by Robert D. Rouse, Jr., John B. Lewis, Farmville, for Alfred Heller, defendant appellee.

FRANK M. PARKER, Judge.

Upon the death of a married person intestate, the surviving spouse may acquire either of two alternative rights in the estate of the decedent: first, the surviving spouse may receive the share as specified in G.S. § 29-14 (or in G.S. § 29-21 if applicable); or second, in lieu of such share, if timely election is made in the manner specified in G.S. § 29-30(c), the surviving spouse shall be entitled to take the life estate provided...

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