English v. English

Bell, Presiding Judge.

The administrator of the estate of John Wiley English made distribution to the brothers and sisters and to the children of deceased brothers of the intestate. Thereafter Glen Lewis English filed suit on the bond of the administrator alleging that he was the child and sole heir-at-law of the intestate. At the hearing on plaintiff’s motion for summary judgment evidence was submitted showing in fact that plaintiff was the legitimate son of the deceased. The trial judge granted summary judgment for plaintiff. Held:

The presumption that a child born in wedlock is legitimate is…