Succession of O'Neil

Citations

• 52 La. Ann. 1754

Syllabus

<p>Syllabus.</p> <p>While it suffices for a child to sustain his claim to legitimacy to prove, in the absence of a certificate of birth, baptism, or other equivalent evidence, that he has been constantly considered as a child born during the marriage of which he claims to be an issue, that evidence is not conclusive. It may be met and completely rebutted by' sufficient evidence showing that he is not the child of the marriage of which he claims to be the issue.</p> <p>The child was brought to this country while it was still in its infancy, and was reared and educated, and the name of the reputed father was given to him. He was loved and respected in the family as a son by the parents, and as a brother by their children, and they sought to protect him from reproach by giving him the family name and holding him up as a son. After the death of the reputed son, in the suit now before us for decision, and in another of an earlier date, it was disclosed by positive testimony that he was not the child of the reputed father and mother, and that he was not related to them.</p>