Mason v. Stanimer

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 Will and Testament naming his wife, Carol Stanimer, executrix. By the terms of his will, the testator bequeathed his personal effects to his…