HICKS v. HICKS

No. 457.

130 S.E.2d 666 (1963)

259 N.C. 387

Marcellite Pool HICKS v. Unborn children of Marcellite Pool HICKS, and Charles O'H. Grimes, guardian ad litem.

Supreme Court of North Carolina.

May 8, 1963.


Attorney(s) appearing for the Case

Mordecai, Mills & Parker, Raleigh, for plaintiff-appellee.

Charles O'H. Grimes, Raleigh, guardian ad litem.


DENNY, Chief Justice.

The sole assignment of error is to the signing of the judgment for that such judgment for that such judgment is contrary to law.

The appellant contends there is an irrebuttable presumption that the possibility of issue is not extinct until death. Therefore, he argues the court was in error in its conclusion with respect to the inability of the plaintiff to conceive and bear children, and, as a consequence of this erroneous conclusion...

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