PHILLIPS v. PHILLIPS

No. 75.

252 S.E.2d 761 (1979)

296 N.C. 590

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 Superior Court of Rutherford County.

Supreme Court of North Carolina.

March 16, 1979.


Attorney(s) appearing for the Case

Roberts & Planer by Joseph B. Roberts, III, Gastonia, for plaintiff-appellee.

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


SHARP, Chief Justice.

The question in this case is whether the facts found by the trial judge and stipulated by the parties are sufficient to establish the right of plaintiff, a childless surviving successive spouse, to dissent from the will of her deceased husband, who is survived by one son of a prior marriage.

The right of a surviving spouse to dissent from his or her deceased spouse's will is conferred by statute "and may be exercised at the time and in...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases