Smith v. Smith

Supreme Court of North Carolina

Smith v. Smith

143 S.E.2d 311, 265 N.C. 34, 1965 N.C. LEXIS 939

DecidedJuly 23, 1965

StatusPublished

This text of 143 S.E.2d 311 (Smith v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Smith, 143 S.E.2d 311, 265 N.C. 34, 1965 N.C. LEXIS 939 (N.C. 1965).

Pincite

Opinion

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.

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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.

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Bluebook (online)

143 S.E.2d 311, 265 N.C. 34, 1965 N.C. LEXIS 939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-smith-nc-1965.