MATTER OF ESTATE OF COX

No. 7611SC802.

233 S.E.2d 926 (1977)

32 N.C. App. 765

In the Matter of the ESTATE of C. F. COX (Charlie F. Cox), Deceased.

Court of Appeals of North Carolina.

April 6, 1977.


Attorney(s) appearing for the Case

Woodall & McCormick by Edward H. McCormick, Lillington, for appellant-executor.

Hoyle & Hoyle by J. W. Hoyle, Sanford, for appellee.


MARTIN, Judge.

Appellant executor contends in his only assignment of error that the clerk erred in refusing to dismiss Mrs. Cox's dissent, and the superior court erred in affirming the clerk's decision. He argues that the controlling question is whether Mrs. Cox, the surviving spouse, could dissent from the will of her husband without first establishing the right to dissent. He concedes that the dissent was filed by the widow within six months after letters...

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