Mitchell Ex Rel. Mitchell v. Freuler

SHARP, Chief Justice.

The sole issue in this case is whether the North Carolina Statutes governing the right of an illegitimate child to inherit from, by, and through his father 1 violate the equal protection clause of the United States Constitution. The applicable statutes in effect at the time of Freuler’s death are quoted or summarized below.

1. G.S. 2949(b) and (d) (1976) provide:

“(b) For the purpose of intestate succession, an illegitimate child shall be entitled to take by, through and from:(1) Any person who has been judicially determined to be the father of such child pursuant to the…