MASON v. STANIMER

No. 9011SC736.

403 S.E.2d 605 (1991)

Janett B. MASON, Guardian Ad Litem For Justin Chet Mason, a minor v. Carol STANIMER, Executrix and Devisee under the Last Will and Testament of Theodore William Stanimer.

Court of Appeals of North Carolina.

Decided May 7, 1991.


Attorney(s) appearing for the Case

Kennedy & Teddy by David R. Teddy, Shelby, for plaintiff-appellant.

Love & Wicker by Jimmy L. Love, Sanford, for defendant-appellee.


WYNN, Judge.

Plaintiff brought this action on behalf of her minor son, Justin Chet Mason, seeking to have the child, who was born after the execution of his father's will, declared a pretermitted child capable of taking an intestate share of his father's estate under the provisions of N.C.G.S. § 31-5.5. The pertinent facts are as follows.

On 20 November 1979, the decedent, Theodore Stanimer, (hereinafter referred to as "the testator"), executed his Last...

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