Wingate v. Estate of Ryan

693 A.2d 457, 149 N.J. 227, 1997 N.J. LEXIS 147
CourtSupreme Court of New Jersey
DecidedMay 19, 1997
StatusPublished
Cited by38 cases

This text of 693 A.2d 457 (Wingate v. Estate of Ryan) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wingate v. Estate of Ryan, 693 A.2d 457, 149 N.J. 227, 1997 N.J. LEXIS 147 (N.J. 1997).

Opinion

The opinion of the Court was delivered by

*229 COLEMAN, J.

The issue raised in this appeal is whether the twenty-three-year limitations period found in N.J.S.A. 9:17 — 45(b) of the New Jersey Parentage Act (“Parentage Act”), codified at N.J.SA 9:17-38 to - 59, applies to an intestacy action filed by a thirty-one-year-old claimant to prove parentage and heirship under N.J.S.A 3B:5-10 of the Administration of Estates — Decedents and Others Act. That statute, commonly referred to as the Probate Code, is codified at N.J.SA 3B:1-1 to 3B:29-1. In 1991, the Legislature amended section 5-10 of the Probate Code to provide that a parent and child relationship “may be established as provided by the ‘New Jersey Parentage Act,’” by persons bom out of wedlock for purposes of proving heirship. L. 1991, c. 22, § 1.

Plaintiff Joanne Wingate filed a complaint under the Probate Code to establish that she and her son are heirs of John L. Ryan. The trial court denied defendants’ motion for summary judgment to dismiss plaintiffs complaint for failure to file the claim by her twenty-third birthday. On defendants’ appeal, the Appellate Division reversed in a published opinion, holding that the twenty-three-year limitations period in the Parentage Act, N.J.S.A 9:17-45(b), applied to plaintiffs claim. 290 N.J.Super. 463, 676 A.2d 144 (1996). We granted plaintiffs petition for certification, 146 N.J. 496, 683 A.2d 199(1996), and now reverse. We hold that the limitations period under the Parentage Act does not apply to claims filed under the Probate Code.

I

Plaintiff Joanne Wingate was bom on December 15, 1963. Plaintiffs mother, Rachel M. Parsio, was married to Willard Wingate at the time of plaintiffs birth. Parsio and Willard Wingate were divorced in 1970. Willard Wingate died in 1988. On February 6,1995, decedent John J. Ryan died intestate. Until just before Ryan’s death, plaintiff had believed that she was Willard Wingate’s natural child. However, ten days before Ryan’s *230 death, plaintiffs mother informed her that Ryan was her natural father.

Decedent had a close relationship with Parsio and plaintiff. Parsio asserts that decedent purchased gifts for plaintiff on holidays and birthdays, and paid for substantial expenses, such as her braces and her wedding gown. According to Parsio, decedent acknowledged to her that he was plaintiffs biological father on several occasions, but decedent repeatedly refused to publicly acknowledge that fact because he and Parsio were not married, and such a revelation would cause embarrassment, particularly in light of his Catholic faith. Parsio claims that she did not reveal decedent’s paternity because Ryan threatened to “cut off ties,” including financial support, to her and plaintiff.

After filing her complaint on February 7,1995, in the Chancery Division, Family Part, plaintiff obtained an order permitting blood and hair samples to be taken from decedent prior to embalming. Cellmark Diagnostics performed genetic testing on samples from decedent, Parsio, and plaintiff.

Cellmark’s DNA fingerprint analysis revealed a match between decedent and plaintiff, the probability of which was one in twenty-three million for unrelated persons. DNA blood profiles revealed a 99.99% probability of decedent’s paternity, as compared to that of a random Caucasian male. Cellmark’s report concluded that decedent was plaintiffs natural father, and decedent’s estate has not contested that conclusion.

Plaintiff filed an amended complaint on February 17, 1995, adding Helen Thomas, both individually as decedent’s sister and as administratrix of decedent’s estate, as a defendant. Defendants then filed a motion for summary judgment. The Family Part granted summary judgment to defendants dismissing the complaint, reasoning that plaintiff had failed to comply with the twenty-three-year limitations period under the Parentage Act, N.J.S.A 9:17-45(b).

*231 On plaintiffs motion for reconsideration, the Family Part vacated its summary judgment and transferred the matter to the Probate Part. The Appellate Division granted defendants’ motion for leave to appeal and stayed further proceedings in the Probate Part pending disposition of the appeal. The Appellate Division reversed the trial court’s denial of defendants’ motion for summary judgment.

II

-A-

Our analysis must begin with the legislative enactments that will inform our ultimate decision. The Wills, Descent and Simultaneous Death Act was enacted in 1977 and amended in 1979. The predecessor to the provision that is pertinent to this case provided:

If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person.
a. The relationships and rights of an adopted minor child shall be those as provided by section 14 of P.L.1977, e. 367 (C. 9:3-50), and the relationships and rights of an adopted adult shall be as provided in N. J.S. 2A:22-3.
b. In cases not covered by a., a person born out of wedlock is a child of the mother. That person is also a child of the father, if:
(1) The natural parents, before or after the birth of the child, participated in a ceremonial marriage or shall have consummated a common-law marriage where such marriage is recognized as valid in the manner authorized by the law of the place where such marriage took place, even though the attempted marriage is void; or
(2) The paternity is established by an adjudication before the death of the father or is established thereafter by clear and convincing proof, except that the paternity established under this subparagraph is ineffective to qualify the father or his kindred to inherit from or through the child unless the father has openly treated the child as his, and has not refused to support the child.
[N.J.S.A 3A:2A-41.]

In 1982, the Legislature revised the Wills, Descent and Simultaneous Death Act and renamed it an Act for the Administration of Estates — Decedents and Others, now commonly known as the Probate Code. L. 1981, c. 405. Pertinent to this case is N.J.S.A *232 3B:5-10, which repealed N.J.S.A 3A.-2A-41 and became effective in 1982. The 1982 version of N.J.S.A 3B:5-10 provided:

If, for the purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through or from a person, a child bom out of wedlock is a child of the mother. That child is also a child of the father, if:
a.

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Cite This Page — Counsel Stack

Bluebook (online)
693 A.2d 457, 149 N.J. 227, 1997 N.J. LEXIS 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wingate-v-estate-of-ryan-nj-1997.