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265 N.C. 34

Smith v. Smith

Supreme Court of North Carolina

Decided July 23, 1965

Supreme Court of North Carolina · decided 1965-07-23

Decided 1965-07-23

PER CuRiam.

¶1We 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.

¶2Whether 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.

¶3Affirmed.

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