In Re Estate of Tucci

WYNN,.. Judge.

Appellant, the Estate of Shirley Allred Tucci (“Estate”), appeals from an order of the Forsyth County Superior Court taxing the Estate with the payment of attorney’s fees, as part of the cost's! incurred in an unsuccessful attempt by James Michael Tucci (“Tucci”) to dissent from the will of his wife, Shirley Allred Tucci.

On 25 May 1990, following his unsuccessful bid to dissent, Tucci filed a petition pursuant to N.C. Gen. Stat. § 6-21(2) requesting the Forsyth County Clerk of Superior Court to tax the attorney’s fees which he incurred in undertaking the dissent against the…