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LADD v. ESTATE OF KELLENBERGER

No. 572PA83.

334 S.E.2d 751 (1985)

314 N.C. 477

Elizabeth Coffey LADD, Margaret Coffey Graddy, and Marion Coffey Hensley v. The ESTATE OF May Gordon Latham KELLENBERGER, R.D. Douglas, Jr. as Co-Executor of the Estate of May Gordon Latham Kellenberger; North Carolina National Bank, as Co-Executor of the Estate of May Gordon Latham Kellenberger; Mary Gardner Novotney; Eileen Taylor Love; Helen L. Eubanks; Ruth L. Smith; Agnes L. Cox; Blanche L. Sutton; Martha Louise L. Walker; Frank B. Latham; Edward L. Latham; Lucille L. Redfearn; Gabriel Ruffin Latham; John L. Snipes; W. Luby Snipes, Jr.; James E. Snipes; Ruth S. Brown; Mabel S. Talton; Lela S. Whitley; Hazel S. Hardee; Mildred S. Sortino; John L. Latham, Jr.; Louise L. Nygard; May Gordon L. Luthi; Edythe V. Latham; and All Unknown Heirs of May Gordon Latham Kellenberger.

Supreme Court of North Carolina.

October 1, 1985.

Attorney(s) appearing for the Case

Crisp, Davis, Schwentker & Page by William T. Crisp and Cynthia M. Currin, Raleigh, Pree & Pree by Robert O'Shea, Springfield, Ill., for plaintiffs-appellants.

Douglas, Ravenel, Hardy, Crihfield & Bullock by Robert D. Douglas, III, and James M. Lung, Nichols, Caffrey, Hills, Evans & Murrelle by Edward L. Murrelle and R. Thompson Wright, Greensboro, Daughtry, Hinton, Woodard & Murphy, P.A. by W. Kenneth Hinton, Smithfield, for defendants-appellees.

EXUM, Justice.

Plaintiffs were not provided for in the will of May Gordon Latham Kellenberger, deceased. They bring this action claiming the Court should either enforce what they allege to be a contract made by Mrs. Kellenberger to adopt them or declare them to have been equitably adopted. Then, as adopted children, they should be entitled to share in Mrs. Kellenberger's estate.

The principal question is whether the complaint states a claim for relief sufficient...

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