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HAYES v. DIXON

No. 8618SC254.

348 S.E.2d 609 (1986)

Zelma E. HAYES v. Joyce M. DIXON, Administratrix of the Estate of Kyrl Houston Jeffries, Novella J. Martin, Samuel Jeffries and Joyce M. Dixon, Administratrix of the Estate of Myrtle Jeffries.

Court of Appeals of North Carolina.

October 7, 1986.

Attorney(s) appearing for the Case

Levitt and Gordon by Dean L. Gordon, New Hartford, and Faison, Brown, Fletcher, Shearon & Brough by Reginald B. Gillespie Jr., Durham, for plaintiff-appellant.

Street, Welborn & Stokes by Marquis D. Street, Greensboro, for defendants-appellees.

ARNOLD, Judge.

Plaintiff contends that it was error for the trial court to apply G.S. 29-19(b) in this matter where the biological father-daughter relationship between decedent and plaintiff is not a genuine issue. We do not agree.

G.S. 29-19(b) in pertinent part states:

For purposes of intestate succession, an illegitimate child shall be entitled to take by, through and from: (1) Any person who has been finally adjudged to be the father...

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