Estate of Jessup

Citations

• 2 Coffey 476

Syllabus

<p>New Trial—Law of the Case.—The Rule that the Lower Court on the retrial of a case sent back by the appellate court must follow the law laid down by the superior tribunal can be invoked only when the same facts and questions are presented on the second trial.</p> <p>Illegitimates—Acknowledgment by Parent.—The Declarations of a Man since.deceased are admissible to prove that he was the father of an illegitimate child who claims to have been legitimated by public acknowledgment.</p> <p>Illegitimates.—In Order to Constitute a Public Acknowledgment of an illegitimate child by his father, the father must treat, receive or acknowledge the child as if he were his own legitimate offspring; and in order that proof thereof may be made by disinterested parties, and fraud and imposition' avoided, all of these must be done openly and publicly, not secretly.</p> <p>Illegitimates—Reception into Family.—The most satisfactory way of establishing the paternity and public acknowledgment of an illegitimate child is by proof that he has been received into the family of the father and given the family name; but this is not necessary where there is sufficient proof of a reason for not having done either.</p> <p>Illegitimates—Acknowledgment by Parent.—The evidence in this case is held to establish that the petitioner was the illegitimate child of the decedent (an unmarried man), and that the decedent publicly acknowledged his paternity of the petitioner.</p> <p>Illegitimates—Acknowledgment by Parent.—The institution of heirs is the primary object of section 230 of the Civil Code. The succession of property rights is incidental; it is a status that is involved, the relation of the child to society.</p> <p>Illegitimates—Construction of Code Sections.—Section 230 of the Civil Code, relates only to minors, who alone are subjects of adoption, and section 1387, provides for giving to illegitimate adults the capacity of inheritance. The latter section is not a limitation on the former one.</p>