In Re the Estate of Erbe

I would reverse. It offends my sense of justice that an illegitimate child cannot inherit from his father unless he is acknowledged by the father as provided by SDCL 29-1-15 or SDCL 25-6-1. Therefore, I would hold that SDCL 29-1-15 is unconstitutional as it relates to appellant or those persons similarly situated. In determining the constitutionality of a statute which discriminates on the basis of illegitimacy, we must ascertain whether the statutory classification bears some rational relationship to a legitimate state purpose. Weber v. Aetna Casualty & Surety Co., 406 U.S. 164, 172, 92…