Supreme Court of North Carolina, 1965

Smith v. Smith

Smith v. Smith
Supreme Court of North Carolina · Decided July 23, 1965
265 N.C. 34; 143 S.E.2d 311; 1965 N.C. LEXIS 939

Smith v. Smith

Opinion of the Court

PER CuRiam.

We have today sustained the ruling that the widow had not lost the right of election given by G.S. 29-30. Smith v. Smith, ante, 18. Defendant’s election to take an estate for her life has terminated the co-tenancy which would otherwise exist. The parties are not co-tenants, but tenants for life and in remainder, respectively.

Whether a receiver should have been appointed, pendente lite, was a matter resting in the sound discretion of Judge Hobgood. No abuse of discretion is shown. The question is now moot.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.