Sheppard v. Kennedy

This is a proceeding under G.S. 28-158 to determine the share to which a posthumous child is entitled in the settlement of her father’s estate. The appellant, Betty Bruce Kennedy, is the posthumous child. Her father, W. Bruce Kennedy, died leaving a last will and testament.

It is alleged on behalf of the child that the father died without making provision for her and that by virtue of G.S. 31-45 she is entitled to share in his estate in the same manner as if he had died intestate.

The court below ruled, however, that the father’s will, by gift to a class to which the child belongs, makes…