Matter of Estate of Kirkman

CARLTON, Justice.

I

The facts involved in this controversy are simple: Counsel for the widow in proceedings establishing her right to dissent from her husband’s will filed petitions requesting that their fees resulting from the litigation be taxed as costs to the estate of the testator. The clerk allowed the requests and was affirmed by the trial court which concluded, “as a matter of law that a proceeding to determine the right of dissent from a will by a surviving spouse is a proceeding within the meaning of North Carolina General Statutes 6-21(2), such matter being a proceeding which fixes…