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Lankford v. Wright

Supreme Court of North Carolina

489 S.E.2d 604 (N.C. 1997)

Relevant factsFree

Barbara's biological mother arranged for the Newtons to adopt and raise Barbara as their own, which they did in every respect, though no formal statutory adoption ever occurred; when Lula Newton died, her will naming Barbara a beneficiary was rejected by probate, leaving the estate to pass intestate, and Barbara sought a declaration of her heirship rights. The trial court granted the estate's administrators summary judgment against Barbara, and the court of appeals affirmed, reasoning she was merely a foster child under North Carolina law.

IssueFree

Whether the doctrine of equitable adoption recognizes the inheritance rights of a child whose foster parents died intestate without formally accomplishing a legal adoption but treated the child as their own for all intents and purposes.

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