Phillips v. Phillips

MARTIN, Judge.

The question raised by defendants on this appeal is whether intestate share, as used in G.S. 30-l(a) for purposes of establishing the right of a surviving spouse to dissent from the will of the deceased spouse, is to be determined from the testator’s net estate or from his gross estate valued as of the date of death. Defendants contend that the trial judge erred in concluding that plaintiff was entitled to dissent in that the trial judge computed plaintiff’s intestate share from decedent’s gross estate rather than making such determination from his net estate as required by G.S.…