In re the Estate of Kirkman

MORRIS, Chief Judge.

The sole question before us is whether a proceeding to determine the right of dissent from a will by a surviving spouse is a proceeding within the meaning of G.S. 6-21(2). We hold that it is not, for the reasons stated below.

G.S. 6-21 (1979 Cum. Supp.) provides, in pertinent part, as follows:

Costs in the following matters shall be taxed against either party, or apportioned among the parties, in the discretion of the court:(2) Caveats to wills and any action or proceeding which may require the construction of any will or trust agreement, or fix the rights and duties of…