IN RE BALLANTINE'S ESTATE

No. 7589.

81 N.W.2d 259 (1957)

ESTATE of William J. BALLANTINE, Deceased. Edythe BANNERMAN, Petitioner and Appellant, v. Ila CLOSE; William L. (Ballantine) Mathews; Irvie E. Ballantine, a/k/a Irving E. Ballantine, a/k/a Ervie E. Ballantine, an Incompetent Person; and Kenneth J. Mullen, as Special Guardian of said Incompetent, Respondents, and William L. (Ballantine) Mathews, Respondent on Appeal.

Supreme Court of North Dakota.

February 13, 1957.


Attorney(s) appearing for the Case

David Kessler, Grand Forks, for appellant.

Shaft, Benson & Shaft, Grand Forks, for respondent William L. (Ballantine) Mathews.


JOHNSON, Judge.

The sole and only issue presented for determination in this case is whether a natural born child who has been adopted out of the family retains the right to inherit from his natural parents.

William J. Ballantine, predeceased by his wife, was the father of four children, Ila Close, Edythe Bannerman, Irvie E. Ballantine, and William L. (Ballantine) Mathews, the respondent, now 33 years of age. He was, as a small child, in November 1927 adopted...

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