In re the Estate of Cox

MARTIN, Judge.

Appellant executor contends in his only assignment of error that the clerk erred in refusing to dismiss Mrs. Cox’s dissent, and the superior court erred in affirming the clerk’s decision. He argues that the controlling question is whether Mrs. Cox, the surviving spouse, could dissent from the will of her husband without first establishing the right to dissent. He concedes that the dissent was filed by the widow within six months after letters testamentary were issued in compliance with G.S. 30-2, but he insists that G.S. 30-2 provides that a widow is not “entitled” to dissent…