IN RE WILL OF PEACOCK

No. 7311SC292.

197 S.E.2d 254 (1973)

18 N.C. App. 554

In the Matter of the WILL of Sallie K. PEACOCK, Deceased.

Court of Appeals of North Carolina.

June 27, 1973.


Attorney(s) appearing for the Case

L. Austin Stevens and Wiley Narron, Smithfield, for caveator appellant.

Albert A. Corbett, Jr., Smithfield, and P. D. Grady, Jr., Kenly, for propounder appellees.


PARKER, Judge.

Under certain circumstances, one who accepts and retains benefits under a will may thereby become estopped to attack its validity. Annot: Will Contest-Estoppel, 28 A.L.R.2d 116. Such is not the present case. One cannot be estopped by accepting that which he would be legally entitled to receive in any event. 28 Am. Jur. 2d, Estoppel and Waiver, § 60, p. 680. Should the will be set aside in the present case, appellant will be entitled to a full one...

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