Estate of Stern v. Stern

Judge Johnson

dissenting.

The central issue presented by this appeal is not the facial constitutionality of this state’s intestate succession laws governing the inheritance rights of illegitimate children and their heirs. Rather, the issue is one of statutory interpretation and application, for it is well established that a statute which is fair and impartial on its face may be unconstitutional in its application in a particular instance if it is administered so as to result in unjust and illegal discrimination between persons similarly situated. Yick Wo v. Hopkins, 118 U.S. 356, 30 L.Ed. 220,…