Ginochio v. Ginochio

Petitioner Seane Ginochio (“Seane”) appeals from an order denying his motion to set aside the order admitting the will of Edward J. Ginochio, deceased, (“Edward”) to probate.

The summarized facts indicate that Seane was born July 15, 1961, as a natural child of Marietta Cartillar (“Marietta”) and Edward. At the time of Seane’s birth Edward was lawfully married to Perrina J. Ginochio (“Perrina”), which marriage lasted from August 30, 1925 until Edward’s death. On April 4, 1966, Marietta brought a paternity action against Edward. After a trial in which the issue of paternity was vigorously contested, Edward was found to be Seane’s father and ordered to pay child support for him. On May 10, 1966, after the judgment establishing paternity was entered, Edward made a will in which he left his entire estate to his lawful wife, Perrina, in case she survived him by 90 days, otherwise all his estate was to pass to his daughter, Rosemarie Curzi (“Rosemarie”) or her issue. Paragraph Six of the will contained special provisions by which Edward excluded any other person from his estate whether such persons claimed to be his heirs or not, including any child or issue of any deceased…