134 Ind. App. 376 - Thacker v. Butler’s Empirical Analysis

Citation profile

3 federal appellate · 12 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"(a) For the purpose of inheritance to, through and from an illegitimate child, such child shall be treated the same as if he were the legitimate child of his mother, so that he and his issue shall inherit from his mother and from his maternal kindred, both descendants and collaterals, in all degrees, and they may inherit from him. Such child shall also be treated the same as if he were a legitimate child of his mother for the purpose of determining homestead rights, and the making of family allowances. "(b) For the purpose of inheritance to, through and from an illegitimate child, such child shall be treated the same as if he were the legitimate child of his father, if but only if, (1) the paternity of such child has been established by law, during the father's lifetime; or (2) if the putative father marries the mother of the child and acknowledges the child to be his own. "The testimony of the mother may be received in evidence to establish such paternity and acknowledgment but no judgment shall be made upon the evidence of the mother alone. The evidence of the mother must be supported by corroborative evidence or circumstances. "When such paternity is established as provided herein such child shall be treated the same as if he were the legitimate child of his father, so that he and his issue shall inherit from his father and from his paternal kindred, both descendants and collateral, in all degrees, and they may inherit from him. Such child shall also be treated the same a”

   5 later decisions quote this exact passage
   e.g. Cruz v. Celebrezze · A.- B. v. C.- D.

2. ““We believe it was the intent of the legislature by the use of the phrase, ‘establish by law,’ in Item 1 of the above-quoted subsection (b) to mean that the paternity of such child must be first determined in a judicial proceeding brought for that purpose in a court of law having jurisdiction to determine such issue, during the lifetime of the putative father, in order for an illegitimate child to inherit from such father. Acknowledgment alone no matter how positive or often is not sufficient under our present law.” (Our emphasis.)”

   3 later decisions quote this exact passage
   e.g. Cruz v. Celebrezze · First Student, Inc. v. Estate of Meece

3. ““The appellant concedes in his brief that if the decedent had died prior to the enactment of the 1953 Probate Code, the said illegitimate child would have inherited by reason of the acknowledgment of the father during his lifetime under § 6-2309, Burns’ 1933 Repl., old Probate Code. “Under our law, we are compelled to agree with the appellants’ contention that the right of inheritance of an illegitimate child must be determined under the conditions of § 6-207, Burns’ 1953 Repl. of the present Probate Code, which was in full force and eifect at the time of decedent’s death.””

   1 later decision quote this exact passage
   e.g. 149 Ind. App. 549 - In RE EST. OF SCHICK v. Schick