SIMPSON v. SIMPSON

No. 757SC813.

222 S.E.2d 747 (1976)

Mary Helen Newsom SIMPSON and husband, Daryl Simpson, Petitioners, v. Nicholas Carroll SIMPSON et al., Respondents.

Court of Appeals of North Carolina.

March 17, 1976.


Attorney(s) appearing for the Case

Parker, Miles & Hinson by Walter L. Hinson, Wilson, guardian ad litem for Mary Emma Simpson and Virginia Ann Simpson, respondents-appellants.

Narron, Holdford, Babb & Harrison by R. W. Harrison, Jr., Wilson, guardian ad litem for Julian Edward Simpson, respondent-appellee.


MARTIN, Judge.

The sole question presented by this appeal is whether the court erred in concluding as a matter of law that adopted children of the petitioners, Nicholas Carroll Simpson and Julian Edward Simpson, are devisees under the will of L. E. Newsom fully and to the same extent as are the natural-born children, Mary Emma Simpson and Virginia Ann Simpson.

G.S. 48-23 provides, in pertinent part:

"The following legal effects shall result from the...

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