Johnson v. Johnson

The appellant makes two contentions: First: That Fanida Cale Johnson, an after-born child, is entitled to share in her father's estate, no provision having been made for her in his will. Second, if the court should hold the will manifests the testator’s intent that the after-born child should not share in his estate, nevertheless the will creates a trust, and that Christine C. Johnson holds as trustee for the benefit of herself and of any children in esse at the date of the testator’s death.

The controlling statute is G.S. 31-5.5: “A will shall not be revoked by the birth of a child ... to the…