Ladd v. Estate of Kellenberger

EXUM, Justice.

Plaintiffs were not provided for in the will of May Gordon Latham Kellenberger, deceased. They bring this action claiming the Court should either enforce what they allege to be a contract made by Mrs. Kellenberger to adopt them or declare them to have been equitably adopted. Then, as adopted children, they should be entitled to share in Mrs. Kellenberger’s estate.

The principal question is whether the complaint states a claim for relief sufficient to withstand a motion to dismiss under Rule 12(b)(6). The trial court concluded it does not and the Court of Appeals affirmed, holding…