SEDBERRY v. JOHNSON

No. 8210SC713.

302 S.E.2d 924 (1983)

Charles H. SEDBERRY, Administrator CTA DBN of the Estate of William J. Johnson, Deceased Appellee, v. Kathleen Mullins JOHNSON, Appellant, Amy Wrenn Johnson, Minor, Sandra Joann Johnson Combs, Appellees, Lauren Lynn Johnson, Susan Gail Kridel, and Janet Elaine Johnson, Parties of Record Only.

Court of Appeals of North Carolina.

June 7, 1983.


Attorney(s) appearing for the Case

Hall, Hill & O'Donnell by Lawrence W. Hill, Jr., Raleigh, for defendant-appellee.

Ragsdale, Kirschbaum & Day, P.A. by Ronald I. Kirschbaum, Raleigh, for defendant-appellant.


WHICHARD, Judge.

I.

The issue can be stated as follows:

Where a husband executes a will devising and bequeathing all his property to his wife, the spouses thereafter enter a separation agreement in which each "waives and renounces all rights ... under any previously executed Will of the other," and the husband subsequently dies without having revoked or modified his will, does the separation agreement constitute a valid renunciation which adeems...

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