THOMAS v. THOMAS

No. 596.

129 S.E.2d 239 (1963)

258 N.C. 590

J. Benton THOMAS, Crawford L. Thomas and Ina Thomas Lentz Paulston v. Harold Stanley THOMAS.

Supreme Court of North Carolina.

February 1, 1963.


Attorney(s) appearing for the Case

Hostetler & McNeill, Raeford, Seawell & Harrell, Raleigh, for plaintiffs.

Simons & Simons, Miami, Fla., Clark & Braswell, Fayetteville, for defendant.


DENNY, Chief Justice.

The question for determination on this appeal is simply this: Where a testator devises real property to a son for life and then to the children of said son living at the time of his death, does a child adopted by the son after the death of the testator, take as though he had been a natural born child of the son?

If the question here were one of inheritance we think G.S. § 48-23 would give us the answer. This statute in pertinent...

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