In re the Estate of Carmichael

Appellate Division of the Supreme Court of New York

In re the Estate of Carmichael

259 A.D. 970, 19 N.Y.S.2d 845, 1940 N.Y. App. Div. LEXIS 7472

Appellate Division of the Supreme Court of the State of New York·Decided May 8, 1940·Published

Opinion

Decree affirmed, with costs payable out of the estate. Memorandum: From the fact that Waddell Carmichael married the mother of petitioner before petitioner was bom a presumption arises that he was the father of petitioner (Matter of Lentz, 247 App. Div. 31, 34); but beyond that the record amply supports the finding that he was in fact the petitioner’s father, and that petitioner is the only heir of decedent. All concur. (The decree adjudges petitioner to be the sole heir and next of kin and distributee of decedent, in a proceeding to establish inheritance rights.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and McCurn, JJ.

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Decree affirmed, with costs payable out of the estate. Memorandum: From the fact that Waddell Carmichael married the mother of petitioner before petitioner was bom a presumption arises that he was the father of petitioner (Matter of Lentz, 247 App. Div. 31, 34); but beyond that the record amply supports the finding that he was in fact the petitioner’s father, and that petitioner is the only heir of decedent. All concur. (The decree adjudges petitioner to be the sole heir and next of kin and distributee of decedent, in a proceeding to establish inheritance rights.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and McCurn, JJ.

In re the Estate of Carmichael, 259 A.D. 970, 19 N.Y.S.2d 845, 1940 N.Y. App. Div. LEXIS 7472 (N.Y. Ct. App. 1940).

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Opinion

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