Estate of Sbarboro

Citations

• 1 Myrick 255

Syllabus

<p>Legitimacy, conclusive presumption of, from uninterrupted intercourse of ■ HUSBAND AND WIFE. ADOPTION: ACTS OF A PARAMOUR IN RECOGNITION OF HIS PATERNITY OF THE OFFSPRING OF AN ADULTEROUS WIFE.</p> <p>A claim, as pretermitted heir, cannot he maintained against the estate of a testator, by a child, the offspring of an adulterous wife, who was cohabiting with her husband, on the ground that such unchaste wife was the mistress of the deceased, and that he, at times, made statements tending to admit that he was the chilcPs father; but such child must be deemed legitimate offspring of the husband and wife.</p> <p>Nor can such loose acts of recognition of child be deemed an adoption.</p> <p>Limitation of one year to revoke probate.—When does it expire?</p> <p>A petition to revoke probate of a will admitted December 2, 1878, was, late in the evening of December 2, 1879, placed in the hands of the Judge with request for a citation. The Judge delivered it to the clerk the next day directing it to be filed as of December 2, 1879, and signed an order as of the date of filing December 2, 1879. The citation was not issued for several days.</p> <p>Held, that the paper was filed in time; and that it was not necessary that the citation should be actually issued within the year.</p> <p>Construing sections, C. C„ 193,195, 230; C. C. P„ 1327, 1333,1962.</p>