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Locust v. Pitt County Memorial Hospital

11/19/2002

by one half, simply because the father was barred from recovery. Instead, the entire recovery was awarded to the mother. Thus, in Williford, the father's statutory bar to recovery did not prevent the other intestate, his former wife, from succeeding in his half of the recovery.


In my view, once Brenda Tyson renounced her interest in the estate of Lester Tyson, the assets of the estate were no longer "distributable" to her under N.C. Gen. Stat. ยง 29-15. Consequently, " hose persons surviving the intestate, [should] take that share of the net estate not distributable to the surviving spouse." Since nothing was "distributable" to Brenda Tyson after the renunciation, the intestates should take everything. Accordingly, I respectfully dissent.






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