WACHOVIA BANK AND TRUST COMPANY v. ANDREWS

No. 546.

142 S.E.2d 182 (1965)

264 N.C. 531

WACHOVIA BANK AND TRUST COMPANY, Successor Trustee under the Will of Alexander B. Andrews, v. F. M. Simmons ANDREWS et al.

Supreme Court of North Carolina.

June 2, 1965.


Attorney(s) appearing for the Case

Manning, Fulton & Skinner, Jack P. Gulley, Raleigh, for defendant appellant, Howard E. Manning, Raleigh, guardian ad litem.

Joyner & Howison, Raleigh, for plaintiff appellee.

Maupin, Taylor & Ellis, Raleigh, for Armistead J. Maupin, Raleigh, guardian ad litem, and for F. M. Simmons Andrews et al., defendant appellees.


RODMAN, Justice.

The rights which a child acquires by adoption are those and only those declared by legislative act. The adoption statute in effect when Mr. Andrews died may be found in G.S. (1943 edition) § 48-23. If appellants had been adopted prior to Mr. Andrews' death, the statute then in effect would not have conferred on appellants the right to participate in the distribution of his estate; nor would they, by reason of the statute, have qualified as great...

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