Beltram

After the death by automobile accident of the mother and father of Javier Castellanos, a minor child 11 months old, two petitions were filed asking for the appointment of a guardian of the person and estate of said minor. One petition asked for the appointment of the paternal aunts of the child, the other requested the appointment of the maternal uncle. After the consolidated hearing, the court appointed the maternal uncle, Henry Alcantar. The losing petitioners appeal.

The child was born June 24, 1959, the mother being age 18, the father age 20. The parents of the child were not married. Plans for a marriage had been discussed prior to the fatal accident on May 6, 1960, but these unfortunately were not carried out prior to the accident. There is no question about the paternity of the child.

The appellants (the paternal aunts of the child) take the position that there was a legitimation of the child under section 230 of the Civil Code. This section provides that a child is legitimated for all purposes when the father publicly acknowledges his parentage, receives the child into his family with the consent of his wife, if married, and otherwise treats the child as if it were…