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MATTER OF ESTATE OF EDWARDS

No. 701A85.

343 S.E.2d 913 (1986)

In the Matter of the ESTATE OF Virginia Duncan EDWARDS, Deceased (Appealed by Clayton I. Duncan and Charles B. Nye, Co-Executors of the Estate of Virginia D. Edwards, deceased).

Supreme Court of North Carolina.

June 3, 1986.

Attorney(s) appearing for the Case

W.Y. Manson and Samuel Roberti, Durham, for petitioner-appellee.

Nye & Mitchell by R. Roy Mitchell, Jr., and Edmund D. Milam, Jr., Durham, for respondents-appellants.

MEYER, Justice.

We are presented on this appeal with a single question of first impression: whether two natural children of a testatrix, born of a previous marriage and adopted with her consent by her second spouse, are considered her lineal descendants by the second marriage for the purpose of determining the second spouse's distributive share upon his dissent from testatrix's will pursuant to N.C.G.S. § 30-3(b). The majority of the panel below answered this...

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