LANKFORD V. WRIGHT 489 S.E.2d 604 (1997) CASE BRIEF

LANKFORD V. WRIGHT

489 S.E.2d 604 (1997)

NATURE OF THE CASE: The Court of Appeals affirmed the order of the trial court that granted summary judgment to White (D) administrators and heirs of intestate, in Lankford's (P), putative daughter's, petition for declaratory judgment to establish her status as an heir of the decedent. P appealed.

FACTS: P was born to Mary M. Winebarger on 15 January 1944. When P was a child, her natural mother entered into an agreement with her neighbors, Clarence and Lula Newton, whereby the Newtons agreed to adopt and raise P as their child. Shortly thereafter, P moved into the Newton residence and became known as Barbara Ann Newton, the only child of Clarence and Lula Newton. The Newtons held P out to the public as their own child, and P was at all times known as Barbara Ann Newton. School records reflect this. When Clarence died in 1960, the newspaper obituary listed Barbara Ann Newton as his surviving daughter. With Lula Newton's assistance, P obtained a Social Security card issued to her under the name of Barbara Ann Newton. P joined the Navy, and Lulu and P frequently wrote letters to each other. P referred to Lula Newton as her mother and Lula referred to O as her daughter. Lula Newton also established several bank accounts with P, where Lula Newton deposited money P sent to her while P was in the Navy. P took leaves of absence from work to care for Lula during her illness. Lula prepared a will. When she died in 1994, the will was not accepted for probate because some unknown person had defaced a portion of the will. The will named P as co-executrix of the estate and made specific bequests to P. Since the will could not be probated, Lula Newton died intestate. P filed for declaratory judgment seeking a declaration of her rights and status as an heir of the estate of Lula Newton. Ds filed a motion for summary judgment and it was granted; P was not adopted according to N.C.G.S. 48-1 to -38 and that North Carolina does not recognize the doctrine of equitable adoption. This appeal resulted.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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