Estate of Heaton

This appeal arises out of a contest for letters of administration. Letters were awarded to respondent, Jennie M. Heaton, upon the ground that she was the daughter of deceased, the court holding that she was the illegitimate daughter of deceased, Warren D. Heaton, legitimated under the provisions of section 230 of the Civil Code. That section reads: “The father of an illegitimate-child, by publicly acknowledging it as his own, receiving it as such, with the consent of his wife, if h§ is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as such; and such child is thereupon deemed for all purposes legitimate from the time of its birth.” The findings of fact are to the effect that a compliance was had with the provisions of the aforesaid section.

It is first contended that the court committed an error of law in admitting in evidence the declarations of Warren D. Heaton, the alleged father, to the effect that he was the father of Jennie M. Heaton. One of the facts absolutely necessary to support the claim of legitimation is that Warren D. Heaton was the father of Jennie. Jennie came to the family of Mrs. Ruth May when but an…