[DOWNLOAD] "Mary Margaret Tekulve v. Irma Denninger" by Third District Court of Appeals of Indiana * eBook PDF Kindle ePub Free

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eBook details

• Title: Mary Margaret Tekulve v. Irma Denninger
• Author : Third District Court of Appeals of Indiana
• Release Date : January 09, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Tekulve initiated the instant action by way of a petition to determine heirship during the administration of the estate of Robert W. Turner alleging, inter alia, that she was entitled to inherit pursuant to IND. CODE 29-1-2-7. This statute provides that an illegitimate child may inherit from a putative father so long as "(1) the paternity of such child has been established by law, during the fathers lifetime; or (2) if the putative father marries the mother of the child and acknowledges the child to be his own." IC 29-1-2-7(b). With respect to the first alternative ground, it would be necessary to prove that Tekulves paternity was established in a judicial proceeding brought for the avowed purpose of adjudicating the paternity issue; moreover, clear and unequivocal acknowledgment standing alone is insufficient. Thacker et al. v. Butler, Administrator etc., et al., (1962) 134 Ind. App. 376, 184 N.E.2d 894. The second ground requires that the putative father marry the mother of such child and acknowledges the child as his own. See Witt v. Schultz, (1966) 139 Ind. App. 142, 217 N.E.2d 163. The burden of proof rests upon the child. See, e.g., Haskett v. Haskett, (1975) 164 Ind. App. 105, 327 N.E.2d 612. Hence, Tekulve has the burden of establishing her right to inherit under IC 29-1-2-7 by showing a judicial declaration of paternity or marriage by the decedent to her natural mother and an acknowledgment of paternity thereafter.

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