Pritchard v. First-Citizens Bank & Trust Co.
Pritchard v. First-Citizens Bank & Trust Co.
Opinion of the Court
G.S. 30-31 provides that the total value of all allowances for year’s support allotted under the procedure provided for in Part 3 of Article 4 of G.S. Chapter 30 “shall not in any case exceed the one half of the average annual net income of the deceased for three years next preceding his death.” The question presented by this appeal is whether the words “net income” in this context mean income remaining after deducting Federal and State income taxes. We hold that they do, and accordingly we reverse the order appealed from.
Absent any statutory definition of the words “net income” as those words are used in G.S. 30-31, we look to the history and purpose of the statute to ascertain their meaning. The purpose of the larger allowance authorized by Part 3 of Article 4 of G.S. Chapter 30 appears to be to provide the surviving spouse of a solvent decedent with a level of support commensurate with the support which he or she would have had from the deceased spouse during the first year after the spouse’s death had the death not occurred. The statute, G.S. 30-31, is designed to permit the allowance to the surviving spouse of a solvent decedent of an amount sufficient to maintain for a period that standard of living to which he or she had been accustomed, thereby avoiding the hardship which an immediate and drastic reduction in income would entail. This interpretation of the purpose of the statute is borne out by its history.
[T]he purpose was to make provision for the pressing wants of the widow, personally, and to enable her at that mournful juncture, to keep her family about her for a short season, and prevent the necessity of scattering her children abroad, until time were allowed for selecting suitable situations for them. That was the sole object of the law, and not to give to the widow an additional interest in the personal estate of the husband, in the nature of a distributive share, transmissible to her executor.
Kimball v. Deming, 27 N.C. 418, 419 (1845).
The present two-tiered system was instituted by the Legislative Session of 1868-69 when the widow was given the right to a minimum year’s allowance of $300, Session Laws of 1868-69, ch. 93, s. 10, with the alternative right, upon a showing by application to the Superior Court that the estate of the decedent was not insolvent and was worth more than $2000, Id., s. 22, to the allotment of an allowance, “sufficient for the support of herself and her family according to the estate and condition of her husband,” which allowance was not to exceed “the one half of the annual net income of the deceased for the three years next preceding his death.” Id., s. 24. The larger allowance was no longer limited to the provision of the family’s bare necessities,
In our opinion, the Legislature by this statute intended the widow to receive an allotment not exceeding one-half of the income which would probably have been actually received by and available to her deceased husband for the support of his family, had he lived an additional year. Accordingly, we hold that net income in G.S. 30-31 means “take home pay” or “after-tax income,” because this is the only income that is “netted,” that is truly available for family support purposes in a real sense, as any employee whose earnings are subject to withholding can testify. We hold, therefore, that “net income” in G.S. 30-31 is not “adjusted gross income,” as the petitioner appellee submits and as the trial court apparently held, but rather is to be computed after deducting all federal and state income taxes attributable to the income received by the decedent during the three years preceding his death.
It must be emphasized that the formula in G.S. 30-31 serves only to calculate the maximum allowance which may be assigned and does not represent an amount which must be assigned. The only requirement laid down by G.S. 30-31 is that the allowance be, within the maximum limit specified, “a value sufficient for the support of plaintiff according to the estate and condition of the decedent.” In some cases, this amount could be considerably less than the statutorily prescribed maximum.
Appellant also contends that the trial court erred in not directing that the amounts already advanced by the executors to the petitioner be credited against her year’s allowance. This matter cannot be resolved on the present record. The record on appeal contains no indication as to whether or not the petitioner has dissented from her husband’s will. However, the briefs of both
The order appealed from is reversed and this matter is remanded for further proceedings not inconsistent with this opinion.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.