In re Estate of Blythe

Citations

• 4 Coffey 67

Syllabus

<p>Legitimation of Child—Construction of Statute.—Section 230 of the Civil Code, providing for the adoption of an illegitimate child by its father, is to be liberally construed.</p> <p>Legitimation of Child—Proof of Paternity.—Under section 230 of the Civil Code,, which provides for the adoption of an illegitimate child by its father, the proof of paternity must be strict and plenary.</p> <p>Legitimation of Child—Purpose and Policy of the Statute.—In examining the claim of the plaintiff to heirship by virtue of legitimation under section 230 of the Civil Code, the court observed: Plaintiff claims, primarily, under section 230 of the Civil Code, which requires the institution of heir ór adoption to be made by the father. It must be the father. The institution of heir is the primary object of the statute. The succession of property rights is incidental; it is a status that is involved; it is the relation of the child to society.</p> <p>Legitimation of Child—Evidence of Paternity.—After an extended examination of the evidence concerning the adoption of an illegitimate child by her father, the court expressed the opinion that three of the elements of section 230 of the Civil Code were established: (1) There was an illegitimate child; (2) the plaintiff was and is that child; (3) the decedent here was the father of that child.</p> <p>Legitimation of Child—Bcceiving into Family.—The most satisfactory way of establishing that a father has publicly acknowledged his illegitimate child, as required by section 230 of the Civil Code in providing for the legitimation of children, is by proof that the child has been received into the family 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>Legitimation of Child—Acts Necessary Thereto—Evidence.—Under section 230 of the Civil Code, there are four essentials to the adoption of an illegitimate child by its father: (1) He shall be the natural father; (2)