Legal Opinion

In Re Estate of Pope

Court of Appeals of North Carolina

Decided September 2, 2008No. COA06-1644PublishedCited by 24 opinions

1Opinion of the Court

GEER, Judge.

Petitioner Jane Forbes Pope appeals from the order granting respondents’ motion for summary judgment and denying her claim for an elective share under N.C. Gen. Stat. § 30-3.1 et seq. (2007) (the “Elective Share Act”). We hold that Ms. Pope has failed to demonstrate that the clerk of superior court and, on appeal, the superior court deviated from the procedural requirements of the Elective Share Act. Further, we have concluded based on the undisputed facts that the trust assets at issue are not included in the “Total Net Assets,” as defined by N.C. Gen. Stat. § 30-3.2(4) (2007),…

2Cases cited23 opinions

  1. Howerton v. Arai Helmet, Ltd.Supreme Court of North Carolina · 2004
  2. State Ex Rel. North Carolina Milk Commission v. National Food Stores, Inc.Supreme Court of North Carolina · 1967
  3. Anderson v. AssimosSupreme Court of North Carolina · 2002
  4. Shore v. BrownSupreme Court of North Carolina · 1989
  5. Campbell v. First Baptist Church of DurhamSupreme Court of North Carolina · 1979

18 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Persis Nova Construction, Inc. v. EdwardsCourt of Appeals of North Carolina · 2009
  2. Krueger v. North Carolina Criminal Justice Education & Training Standards CommissionCourt of Appeals of North Carolina · 2009
  3. Garlock v. Wake County Board of EducationCourt of Appeals of North Carolina · 2011
  4. Scigrip, Inc. v. OsaeNorth Carolina Business Court · 2018
  5. In Re the Estate of HeimanCourt of Appeals of North Carolina · 2014

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API