MATTER OF ESTATE OF KIRKMAN

No. 131.

273 S.E.2d 712 (1981)

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

Supreme Court of North Carolina.

January 27, 1981.


Attorney(s) appearing for the Case

E. C. Harris and Randall, Yaeger, Woodson, Jervis & Stout by John C. Randall, Durham, for appellant.

Nancy Fields Fadum, Raleigh, on brief, for executor-appellee.

No appearance on behalf of appellee at oral argument.


CARLTON, Justice.

I.

The facts involved in this controversy are simple: Counsel for the widow in proceedings establishing her right to dissent from her husband's will filed petitions requesting that their fees resulting from the litigation be taxed as costs to the estate of the testator. The clerk allowed the requests and was affirmed by the trial court which concluded, "as a matter of law that a proceeding to...

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