Heller v. Heller

Upon the death of a married person intestate, the surviving spouse may acquire either of two alternative rights in the estate of the decedent: first, the surviving spouse may receive the share as specified in G.S. 29-14 (or in G.S. 29-21 if applicable); or second, in lieu of such share, if timely election is made in the manner specified in G.S. 29-30 (e), the surviving spouse shall be entitled to take the life estate provided for in G.S. 29-30.

In the present case under the facts alleged in the complaint, which on demurrer are to be taken as true, plaintiff’s husband died intestate survived by…