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CRUMPTON v. CRUMPTON

No. 759SC603.

221 S.E.2d 390 (1976)

28 N.C. App. 358

Ruth Harris CRUMPTON et al., Petitioners, v. Malcolm H. CRUMPTON et al., Respondents.

Court of Appeals of North Carolina.

January 21, 1976.

Attorney(s) appearing for the Case

Graham, Manning, Cheshire & Jackson by Lucius M. Cheshire, Hillsborough, and James W. Tolin, Jr., Roxboro, for petitioners-appellees.

Ronnie P. King, Burke & King, Roxboro, for Knox Mitchell and George Edward Mitchell and his wife, Mary Mitchell, respondents-appellants.

Alan S. Hicks, Roxboro, guardian ad litem for Michelle Mitchell and any unknown or unborn persons being or being asserted to be the issue of Edgar Knox Mitchell or George Edward Mitchell, respondent-appellant.

MORRIS, Judge.

The narrow question presented by this appeal is one of first impression in this State and requires examination and interpretation of certain portions of Chapter 48 of the General Statutes dealing with the adoption of minors.

Our Supreme Court has said that since the adoption statute ". . . is in derogation of the common law and works a change in the canons of descent, it must be construed strictly and not so as to enlarge or confer any rights...

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