Indiana Supreme Court, 1962

Thacker v. Butler

Thacker v. Butler
Indiana Supreme Court · Decided September 5, 1962 · Jackson
243 Ind. 543; 188 N.E.2d 418; 1962 Ind. LEXIS 190

Thacker v. Butler

Opinion of the Court

Dissenting Opinion

Jackson, C. J.

— I would grant the petition to transfer for the following reasons:

A. The father acknowledged the son prior to his death, apparently long prior to the enactment of the 1953 Probate Code, Acts 1953, ch. 112, §207, p. 295, being §6-207, Burns’, 1953 Replacement. Under the law . as it then existed, such acknowledgment accom*544plished everything that would be obtained under §6-207, Burns’ 1953 Replacement, supra, hence the paternity was “established by law during the father’s lifetime.”

B. The construction of the statute in the Appellate Court opinion makes §6-207, Burns’ 1953 Replacement, supra, retroactive.

Note. — Reported in 188 N. E. 2d .418.

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