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MATTER OF ESTATE OF KIRKMAN

No. 7914SC852.

267 S.E.2d 518 (1980)

In the Matter of the ESTATE of John C. KIRKMAN, Sr., Deceased.

Court of Appeals of North Carolina.

July 1, 1980.

Attorney(s) appearing for the Case

Nancy Fields Fadum, Raleigh, for executor appellant.

John C. Randall and E. C. Harris, Durham, for appellee.

MORRIS, Chief Judge.

The sole question before us is whether a proceeding to determine the right of dissent from a will by a surviving spouse is a proceeding within the meaning of G.S. 6-21(2). We hold that it is not, for the reasons stated below.

G.S. 6-21 (1979 Cum.Supp.) provides, in pertinent part, as follows:

Costs in the following matters shall be taxed against either party, or apportioned among the...

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