Hicks v. Unborn Children of Hicks

The sole assignment of error is to the signing of the judgment for that such judgment is contrary to law.

The appellant contends there is an irrebuttable presumption that the possibility of issue is not extinct until death. Therefore, -he argues the court was in error in its conclusion with respect to the inability of the plaintiff to conveive and bear children, and, as a consequence of this erroneous conclusion, the court below erroneously held that the plaintiff, Marcellite Pool Hicks, is the owner of the bonds and cash balance now held by the Clerk of the Superior Court of Wake County, as…