PHILLIPS v. PHILLIPS

No. 7729SC19.

238 S.E.2d 790 (1977)

34 N.C. App. 428

Marie Cannon PHILLIPS v. Howard Lee PHILLIPS, Jr., Individually and as Executor of the Estate of Howard Lee Phillips, Howard Lee Phillips, III, John Bradford Phillips, and Edgar W. Tanner, Clerk of the Superior Court of Rutherford County.

Court of Appeals of North Carolina.

November 16, 1977.


Attorney(s) appearing for the Case

Roberts, Caldwell & Planer, P. A. by Joseph B. Roberts, III, Gastonia, for plaintiff.

George R. Morrow and Robert W. Wolf, Forest City, for defendants.


MARTIN, Judge.

The question raised by defendants on this appeal is whether intestate share, as used in G.S. 30-1(a) for purposes of establishing the right of a surviving spouse to dissent from the will of the deceased spouse, is to be determined from the testator's net estate or from his gross estate valued as of the date of death. Defendants contend that the trial judge erred in concluding that plaintiff was entitled to...

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