ESTATE OF GIDDENS

No. COA19-792.

841 S.E.2d 302 (2020)

In the ESTATE OF: David Mac GIDDENS.

Court of Appeals of North Carolina.

Filed: March 3, 2020.


Attorney(s) appearing for the Case

Daughtry, Woodard, Lawrence & Starling, Smithfield, by Luther D. Starling, Jr. , for Petitioner-Appellee.

Gregory T. Griffin , Clinton, for Respondents-Appellants.


This case concerns whether a decedent's estate, with the agreement of the administrator and all beneficiaries, can use surplus proceeds from the sale of real property to satisfy a deficiency judgment awarded to the surviving spouse for her statutory allowance. Even though two of the beneficiaries had a change of heart prompting this...

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