Matter of Estate of Outen

HEDRICK, Chief Judge.

Respondents contend that the assistant clerk erred in finding that the agreement allegedly entered into between the dissenting widow and the co-executors was not a “family settlement agreement” and in allowing the dissent pursuant to Article 1 of Chapter 30 of the General Statutes of North Carolina.

“To establish the right to dissent, a spouse must make a timely filing pursuant to G.S. 30-2, and must show an entitlement to that right under G.S. 30-1.” In re Kirkman, 302 N.C. 164, 166, 273 S.E. 2d 712, 714 (1981). The right time, manner and effect of the filing and…