Pina v. Peck

Citations

• 31 Cal. 359

Syllabus

<p>Construction of Statute.—The statute which provides a way in which the father of an illegitimate child may make the child his heir, being in derogation of the common law, must be strictly construed.</p> <p>Acknowledgment of Paternity of Illegitimate Child.—An acknowledgment in writing, signed by the father of an illegitimate child, to be sufficient to make such child his heir, must be complete in itself, so that th£ Court will be able to say from an inspection of it, without the aid of parol testimony, that the person who signed it acknowledged himself to be the father of the illegitimate child therein named. It must state that the child is illegitimate.</p> <p>Idem.—A written acknowledgment of the paternity of an illegitimate child, which is not executed for the purpose of making such child the heir of the father, will not make the child such heir, though it contains all the matters required by the statute for such acknowledgment.</p>