Phillips v. Ledford

TIMMONS-GOODSON, Judge.

Gwendolyn W. Phillips (“plaintiff’) appeals from a trial court dismissal granted pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(6). For the reasons stated herein, we affirm the trial court’s decision.

The facts of this case are as follows: Benjamin Jay Owenby (“decedent”) died intestate in Buncombe County, North Carolina on 29 January 2002. At the time of his death, decedent was not married, not survived by parents, and had no children other than plaintiff. Plaintiff is the natural and biological daughter of decedent and Nancy Wilson Waldron. Decedent and Waldron were…