Phillips v. Phillips

SHARP, Chief Justice.

The question in this case is whether the facts found by the trial judge and stipulated by the parties are sufficient to establish the right of plaintiff, a childless surviving successive spouse, to dissent from the will of her deceased husband, who is survived by one son of a prior marriage.

The right of a surviving spouse to dissent from his or her deceased spouse’s will is conferred by statute “and may be exercised at the time and in the manner fixed by statute.” Vinson v. Chappell, 275 N.C. 234, 166 S.E. 2d 686 (1969). The “time and manner” is fixed by G.S. 30-2, which…