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MATTER OF ESTATE OF TROGDON

No. 77A91.

409 S.E.2d 897 (1991)

330 N.C. 143

In the Matter of the ESTATE OF Calvin Lancaster TROGDON.

Supreme Court of North Carolina.

November 7, 1991.

Attorney(s) appearing for the Case

Morrow, Alexander, Tash, Long & Black by C.R. Long, Jr., Winston-Salem, for petitioner-appellant.

Bailey & Thomas by Wesley Bailey, David W. Bailey, Jr., and John R. Fonda, Winston-Salem, for respondent-appellee.

FRYE, Justice.

At issue in this case is whether there was sufficient evidence to support the trial court's finding that respondent-wife, Patricia McNulty Trogdon, committed adultery and is therefore barred from receiving a year's allowance pursuant to N.C.G.S. § 31A-1(a)(2). The evidence showed, inter alia, that respondent cohabited with a male for approximately three years and invoked her fifth amendment privilege against self-incrimination when questioned...

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