In re the Estate of Brown
In re the Estate of Brown
Opinion of the Court
G.S. 30-15 provides:
“Every surviving spouse of-an intestate or of a testator, whether or not he has dissented from the will, shall, unless he has forfeited his right thereto as provided by law, be entitled, out of the personal property of the deceased spouse, to an allowance of the value of two thousand dollars ($2,000) for his support for one year after the death of the deceased spouse. Such allowance shall be exempt from any lien, by judgment or execution, acquired against the property of the deceased spouse, and shall, in cases of testacy, be charged against the share of the surviving spouse.”
The parties have cited no case and we can find none controlling the decision in this case. We believe the plain words of the statute control. The statute provides that the surviving spouse shall be entitled to property worth $2,000.00 from the “personal property of the deceased spouse.” The appellant contends the insurance proceeds and funds paid to appellee from the joint bank account shall be included in this allowance. We cannot so hold. The proceeds from the insurance policy were paid to appellee in accordance with her rights under the insurance contract. This was not the “personal property of the deceased spouse.” The proceeds from the joint bank account were paid to her under the terms of the contract setting up the account. This was also her property and not the “personal property of the deceased spouse.”
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.