Matter of Estate of Trogdon

FRYE, Justice.

At issue in this case is whether there was sufficient evidence to support the trial court’s finding that respondent-wife, Patricia McNulty Trogdon, committed adultery and is therefore barred from receiving a year’s allowance pursuant to N.C.G.S. § 31A-l(a)(2). The evidence showed, inter alia, that respondent cohabited with a male for approximately three years and invoked her fifth amendment privilege against self-incrimination when questioned about the relationship with the cohabitant. The trial judge agreed with petitioner, Bradley Floyd Trogdon, the decedent’s and respondent’s…