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HERNDON v. ROBINSON

No. 8110SC902.

291 S.E.2d 305 (1982)

Lenn Ray HERNDON v. LaRhue H. ROBINSON, individually and as Successor Administrator for the Estate of Gartha A. Herndon, Deceased, Clara Herndon Hatley, Dillie Herndon Wilson, Hattie Bell Herndon Teaseley, Viola Herndon Stroud, Raymond Burnette, Juanita Burnette Deans, Evelyn Burnette Morrow, Bernice Burnette Alston, Minnie Burnette Byers, Ruby Burnette Philyaw, Odessa Burnette Thompson, William Henry Herndon, Thurman Herndon, Otis Herndon, Vernon Herndon, Jr., Madge Herndon Page, James W. Herndon, Erseldine Herndon Bailey, Leon Walker Herndon, Kathleen Herndon Burt and Rufus L. Edmisten, Attorney General of the State of North Carolina.

Court of Appeals of North Carolina.

May 18, 1982.

Attorney(s) appearing for the Case

Ashmead P. Pipkin, Raleigh, for plaintiff-appellant.

Winston, Blue, Larimer & Rooks by David M. Rooks III, Chapel Hill, for the individual defendants-appellees.

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Charles J. Murray, Raleigh, for Rufus L. Edmisten, Atty. Gen. of the State of North Carolina, defendant-appellee.

HARRY C. MARTIN, Judge.

Plaintiff challenges the constitutionality of N.C.G.S. 29-19 (1976 & Cum.Supp. 1981), which permits an illegitimate child to inherit by, through and from his putative father if proof of paternity has been established by any one of the following methods: (1) a judicial decree entered during the life of the putative father; (2) the father's written admission of paternity "executed or acknowledged before a certifying officer named in G.S....

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