Smith v. Smith

143 S.E.2d 300 (1965)

265 N.C. 18

Ruble L. SMITH, Surviving Widow of Almon F. Smith, Petitioner,

v.

Frederick D. SMITH and E. V. Wilkins, Trustee, Respondents.

No. 604.

Supreme Court of North Carolina.

July 23, 1965.

Lyon & Lyon, Smithfield, for petitioner.

L. Austin Stevens and Wiley Narron, Smithfield, for respondents.

MOORE, Justice.

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…