MATTER OF ESTATE OF TUCCI

No. 8821SC793.

380 S.E.2d 782 (1989)

In the Matter of the ESTATE OF Shirley Allred TUCCI.

Court of Appeals of North Carolina.

July 5, 1989.


Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice by Michael E. Ray, Kurt C. Stakeman and Lori P. Hinnant, Winston-Salem, for appellant-estate.

Harrison, Benson, Fish, North, Cooke & Landreth by Michael C. Landreth and A. Wayland Cooke, Greensboro, for appellee-dissenter.


GREENE, Judge.

The Estate of Shirley Allred Tucci (the "Estate") appeals from the judgment of the superior court allowing Mrs. Tucci's surviving spouse to dissent from her will under Section 30-1. Cf. N.C.G.S. Sec. 30-1 (1984). The Tuccis were married on 4 November 1978 and had one child in 1980. On 18 November 1983, the parties executed a separation/property settlement agreement (the "Agreement") which stated the parties had separated on 15 October 1983. Although...

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