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MATTER OF ESTATE OF WARD

No. 893SC557.

389 S.E.2d 441 (1990)

97 N.C. App. 660

In the Matter of The ESTATE OF James Hiram WARD, Jr., Deceased.

Court of Appeals of North Carolina.

March 20, 1990.

Attorney(s) appearing for the Case

Poyner & Spruill by James T. Cheatham, Greenville, and Bailey & Dixon by Wright T. Dixon, Jr. and Cathleen M. Plaut, Raleigh, for dissenter appellee.

Ward and Smith by Robert D. Rouse, Jr., Greenville, for propounder appellants.

Speight, Watson and Brewer by William H. Watson and James M. Stanley, Jr., Greenville, for executor appellant Wachovia Bank & Trust Co., N.A.

PHILLIPS, Judge.

Only these facts are pertinent to the question presented: James Hiram Ward, Jr. died testate; his widow, Martha Harris Ward, dissented from the will; a caveat, since resolved, was filed by James Earl Ward, decedent's son; and the Superior Court ordered the executor of the estate to distribute to Martha Harris Ward her intestate share by dissent without regard to the cost of the caveat proceeding.

The only question presented is...

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