Smith v. Smith
Supreme Court of North Carolina
Smith v. Smith, 265 N.C. 34 (N.C. 1965)
143 S.E.2d 311; 1965 N.C. LEXIS 939
Smith v. Smith
Opinion of the Court
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.
Reference
- Full Case Name
- FREDERICK D. SMITH v. RUBIE L. SMITH
- Status
- Published