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IN RE ESTATE OF POPE

No. COA06-1644.

666 S.E.2d 140 (2008)

In the Matter of the ESTATE OF John W. POPE, Jr., Deceased. Jane Forbes Pope, Petitioner, v. Thomas J. Rollins, Executor of the Estate of John W. Pope, Jr., Amanda Joyce Pope and James Arthur Pope, in their capacities as co-Trustees of the Pope Family Trust for the benefit of John W. Pope, Jr., and The John William Pope Foundation, Respondents.

Court of Appeals of North Carolina.

September 2, 2008.

Attorney(s) appearing for the Case

Ward and Smith, P.A., by Alexander C. Dale, George K. Freeman, Jr., and Stuart B. Dorsett, Wilmington, for petitioner.

Womble, Carlyle, Sandridge & Rice, PLLC, by Johnny M. Loper, Jean T. Adams, Elizabeth Arias, and Sarah L. Buthe, Raleigh, for respondents.

GEER, Judge.

Petitioner Jane Forbes Pope appeals from the order granting respondents' motion for summary judgment and denying her claim for an elective share under N.C. Gen. Stat. § 30-3.1 et seq. (2007) (the "Elective Share Act"). We hold that Ms. Pope has failed to demonstrate that the clerk of superior court and, on appeal, the superior court deviated from the procedural requirements of the Elective Share Act. Further, we have concluded based on the...

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