SHEPPARD v. KENNEDY

No. 382.

88 S.E.2d 760 (1955)

242 N.C. 529

R. E. SHEPPARD, Executor of the Estate of W. Bruce Kennedy, Deceased, v. William Wooten KENNEDY, Mabel Lillian Sutton Kennedy, Betty Bruce Kennedy, a minor, and Agnes Ricks Kennedy, individually, and Agnes Ricks Kennedy, Guardian ad litem for Betty Bruce Kennedy, a minor, and W. W. W. Kennedy, Adm'r CTA of Estate of Mabel Lillian Sutton Kennedy, Deceased, and Thomas B. Griffin, Guardian ad litem for the unknown heirs at law and next of kin of William Wooten Kennedy.

Supreme Court of North Carolina.

August 26, 1955.


Attorney(s) appearing for the Case

Jones, Reed & Griffin, Kinston, for appellees.

Whitaker & Jeffress, Kinston, for appellant.


JOHNSON, Justice.

This is a proceeding under G.S. § 28-158 to determine the share to which a posthumous child is entitled in the settlement of her father's estate. The appellant, Betty Bruce Kennedy, is the posthumous child. Her father, W. Bruce Kennedy, died leaving a last will and testament.

It is alleged on behalf of the child that the father died without making provision for her and that by virtue of G.S. § 31-45 she is entitled to share in his...

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