Law of Wills, 2016A

termination of inheritance rights, for the obvious effect of the statute itself is to terminate the
inheritance rights of such a spouse.
The judgment is affirmed.
Notes, Problems, and Questions
1. Why did Frances argue that she should have been permitted to inherit from Clarence’s estate?
2. The Court admitted that Frances was still legally married to Clarence. Why did the Court refuse to
recognize Frances as a surviving spouse?
3. Consider the following example. Floyd and Glenda were married for 25 years. After Floyd was
diagnosed with cancer, the couple spent a lot of money on medical bills. Floyd and Glenda went to a
local charity for assistance. The charity agreed to pay a portion of Floyd’s medical expenses if his
income fell below a certain amount. The woman who helped Glenda fill out the paperwork told
Glenda that Floyd would qualify for assistance if he and Glenda were legally separated. Thus,
Glenda filed for a legal separation. Two months after Glenda was granted a legal separation, Floyd
died intestate. Floyd was survived by Glenda and two children from his previous marriage, Vivian
and Leigh. Floyd’s probate estate which consisted of real estate he purchased prior to his marriage to
Glenda was worth $72,000. In a jurisdiction that follows the reasoning of the Lahey case would
Glenda be eligible to inherit from Floyd’s estate? If she is permitted to inherit, what portion of the
estate would Glenda receive in a UPC jurisdiction? In the jurisdiction where you live if it has not
adopted the UPC?
3.2.4.2 Abandonment
Estate of Joyner v. Joyner, 753 S.E.2d 192 (Ct. App. N.C. 2014) (Constructive Abandonment)
Opinion
HUNTER, Judge.
Plaintiffs appeal from an order entered 17 October 2012 in Lenoir County Superior Court by Judge
Phyllis M. Gorham granting defendants’ motion for summary judgment. On appeal, plaintiffs argue
there was a genuine issue of material fact with respect to whether Warren Joyner (“Warren”)
constructively abandoned his wife, Frances Joyner (“Frances”). After careful review, we affirm the
trial court’s order granting summary judgment.
Background
All plaintiffs in this case are surviving siblings of Frances. Frances died intestate on 17 January 2011
without children and with her husband, Warren, as her only potential heir. Warren died intestate on
6 February 2011, survived only by his mother. Plaintiffs brought this action against the coadministrators
of Warren’s estate, Jessie Mae Britt and Linwood Joyner, and Warren’s mother, Jessie
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