Smith v. Smith

This is a special proceeding, instituted pursuant to G.S. 29-30 whereby petitioner elects to take life interest, in lieu of her share in fee, in the homeplace of which her husband died seized.

Almon F. Smith died intestate on 11 December 1961, survived by his widow Rubie L. Smith, petitioner herein, and a son Frederick D. Smith, one of the respondents herein. Frederick is the child of deceased by a former wife and is stepson of Rubie. Rubie qualified as administratrix of Almon’s estate on 22 December 1961.

On 19 January 1962 Frederick executed and delivered to Wiley Narron, Trustee, a deed of…