First-Citizens Bank & Trust Co. v. Willis

At the time the will of Frank B. Klein was probated on 1 December 1953, the mentally incompetent widow had had no guardian since the death of her guardian-husband on 22 November, 1953. On 9 December 1953, her present guardian was appointed. The question is whether his failure to dissent to the will of her husband within six months of the date of his qualification thereafter constituted a bar to her right to dissent to the will and to participate in his estate.

G.S. 30-1 as written during the periods of time involved in this suit, provided: “Every widow may dissent from her husband’s will…