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Evans v. Diaz2/18/1992
he record shows no evidence that defendant received any fraudulent benefit from the renunciation, and absent such evidence, her motivation for renouncing is immaterial. See Reese v. Carson, 3 N.C. App. 99, 164 S.E.2d 99 (1968). We, therefore, hold that under the facts of this case the renunciation and the relation-back mandate of G.S. ยง 31B-3(a) change the result and distinguish this case from Davenport and Carver where no renunciations were filed and recovery was denied.
Reversed and remanded for entry of judgment pursuant to the amended stipulation of the parties.
Judges EAGLES and ORR concur.
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