Thacker v. Butler

Indiana Supreme Court

Thacker v. Butler

188 N.E.2d 418, 243 Ind. 543, 1962 Ind. LEXIS 190

CourtIndiana Supreme Court

DecidedSeptember 5, 1962

DocketNo. 19,606

StatusPublished

Cited by1 cases

This text of 188 N.E.2d 418 (Thacker v. Butler) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thacker v. Butler, 188 N.E.2d 418, 243 Ind. 543, 1962 Ind. LEXIS 190 (Ind. 1962).

Pincite

Opinion

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[544]*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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