Etheridge v. Etheridge

BECTON, Judge.

I

Introduction

The resolution of this appeal, though simple, requires an understanding of a lengthy, at times bitterly contested, special proceeding which spans eight years.1

This action began on 3 July 1975 when Doc Horace Etheridge, Sr., (Doc, Sr.), the surviving spouse of Annie Mae Eth-eridge, filed a dissent from the will of his wife. Doc, Sr. sought an order (a) establishing his right to dissent from the will of his wife; and (b) partitioning in kind the real property of his wife and “allocating to [him] his intestate’s share[,] one third (33 1/3%) of said real property. . . .”