O'Dell v. O'Dell

The opinion of the court was delivered by

Wedell, J.:

The primary question presented is whether an allowance of $750 made by the probate court to the surviving spouse under the provisions of G. S. 1941 Supp. 59-403 is exempt from garnishment process instituted by a judgment creditor of the surviving spouse. Judgment was against plaintiff, the judgment creditor, and he appeals.

Appellees are Susie O’Dell, the surviving spouse, and J. H. Kennedy, administrator of the estate of John Norman O’Dell, deceased.

Appellant, Lester O’Dell, is the stepson of Susie O’Dell. The *352latter and her husband had…