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MATTER OF ESTATE OF EDWARDS

No. 8514SC177.

335 S.E.2d 39 (1985)

In the Matter of the ESTATE OF Virginia Duncan EDWARDS, Deceased.

Court of Appeals of North Carolina.

October 15, 1985.

Attorney(s) appearing for the Case

W.Y. Manson and Samuel Roberti, Durham, for petitioner-appellee.

Nye & Mitchell by R. Roy Mitchell, Jr., and Edmund D. Milam, Jr., Durham, for respondent-appellants.

EAGLES, Judge.

This case presents a single question of first impression: Are natural children of one spouse born during a previous marriage, if adopted by a second spouse with consent of their surviving natural parent, considered lineal descendants by the second marriage for purposes of G.S. 30-3(b) which determines a dissenting spouse's share?

I

Virginia Duncan Edwards, deceased, had five children by her first marriage, which ended with the death...

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