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SMITH v. SMITH

No. 605.

143 S.E.2d 311 (1965)

265 N.C. 34

Frederick D. SMITH, Petitioner, v. Rubie L. SMITH, Respondent.

Supreme Court of North Carolina.

July 23, 1965.

Attorney(s) appearing for the Case

L. Austin Stevens, Wiley Narron, Smithfield, for petitioner appellant.

Lyon & Lyon, Smithfield, for respondent appellee.

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, 143 S.E.2d 300. 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...

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