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243 Ind. 543

Thacker v. Butler

Indiana Supreme Court

Decided September 5, 1962

Indiana Supreme Court · decided 1962-09-05

Cited by 1 later decisions — most recently September 1962

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1962-09-05

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¶1Dissenting Opinion

Jackson, C. J.

¶2— I would grant the petition to transfer for the following reasons:

¶3A. The father acknowledged the son prior to his death, apparently long prior to the enactment of the 1953 Probate Code, Acts 1953, ch. 112, §207, p. 295, being §6-207, Burns’, 1953 Replacement. Under the law . as it then existed, such acknowledgment accom*544plished everything that would be obtained under §6-207, Burns’ 1953 Replacement, supra, hence the paternity was “established by law during the father’s lifetime.”

¶4B. The construction of the statute in the Appellate Court opinion makes §6-207, Burns’ 1953 Replacement, supra, retroactive.

¶5Note. — Reported in 188 N. E. 2d .418.

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