Legal Opinion

In Re the Estate of Connor

Court of Appeals of North Carolina

Decided July 2, 1969No. 6918SC167PublishedCited by 10 opinions

1Opinion of the CourtMallard, C.J.

The qualified right of a surviving spouse to dissent arises under G.S. 30-1. This right arises when the value of property passing under the will added to the value of property passing outside the will as a result of the testator’s death is less than the intestate share, or is less than one-half the net estate of the deceased spouse if neither lineal descendant nor parent survive.

Under G.S. 29-14(3) when an intestate has no lineal descendants but is survived by a spouse and a parent, the intestate share of the surviving spouse is a one-half undivided interest in the real property and the first…

2Cases cited2 opinions

  1. Smith v. SmithSupreme Court of North Carolina · 1965
  2. Tolson v. YoungSupreme Court of North Carolina · 1963

3Cited by10 opinions

  1. Phillips v. PhillipsSupreme Court of North Carolina · 1979
  2. Matter of Estate of KirkmanSupreme Court of North Carolina · 1981
  3. Matter of Estate of FrancisSupreme Court of North Carolina · 1990
  4. Taylor v. TaylorCourt of Appeals of North Carolina · 1980
  5. Phillips v. PhillipsCourt of Appeals of North Carolina · 1977

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