Hirschi v. Eubanks
Opinion
Opinion
Hastings, J.
By way of summary judgment the trial court found that Leigh Ann Hirschi, a minor, was not a pretermitted heir of Evelyn J. Hirschi, deceased. This appeal followed.
On June 9, 1969, decedent’s only son, Robert C. Hirschi (Robert) died. His surviving spouse, Judith (guardian ad litem), was pregnant with appellant, having become so on May 14, 1969. Appellant was born on February 1, 1970. Between that date and decedent’s death on July 15, 1977, a period of seven years, decedent consistently and publically refused to acknowledge appellant as the issue of her son.
Decedent’s last will dated August 17, 1976, and codicil dated March 14, 1977, were admitted to probate on August 19, 1977. Appellant was not specifically named in the will.
Decedent’s will contained the following clauses material to the issues at hand:
Appellant filed a “Petition for Determination of Entitlement to Estate Distribution” as a pretermitted heir, and then sought a summary judgment on the issue. Respondents who are the specifically named legatees under the will, also moved for a summary judgment in their favor and moved for an order dismissing appellant’s petition.