Estate of Sbarboro

Testator by his will gave all his property to his niece.

Petitioner claims to be his illegitimate child, adopted by him, and that she is entitled to have the entire estate, she not being referred to in the will.

Mr. and Mrs. Byrne, husband and wife, resided together during a year preceding the birth of petitioner. Both testified that she was the child of Mrs. Byrne, but not of Mr. Byrne; that they occupied the same bed, but that no more intimate personal relationship existed during the year. Mrs. Byrne testified that testator was the father of the child. Byrne admitted that he had been unchaste with other women, and that he was ailing therefrom. Several years thereafter, Byrne obtained a divorce, and has married again. Prior to the birth of petitioner, Sbarboro was a lodger in the house of Byrne, and had meretricious relations with Mrs. Byrne.

*256 Those relations continued; after the divorce he paid the rent and most of the living expenses; had a room in the house; had frequent quarrels; removed to other quarters, and then returned. He told several persons that petitioner was his child; gave her money and presents, and petted her. She was generally known as Jenny…