Pritchard v. First-Citizens Bank & Trust Co.

PARKER, Judge.

G.S. 30-31 provides that the total value of all allowances for year’s support allotted under the procedure provided for in Part 3 of Article 4 of G.S. Chapter 30 “shall not in any case exceed the one half of the average annual net income of the deceased for three years next preceding his death.” The question presented by this appeal is whether the words “net income” in this context mean income remaining after deducting Federal and State income taxes. We hold that they do, and accordingly we reverse the order appealed from.

Absent any statutory definition of the words “net income”…