Legal Opinion

Estate of Scheller v. Pessetto

Court of Appeals of Utah

Decided November 14, 1989No. 880337-CAPublishedCited by 1 opinion

1Opinion of the Court

OPINION

GREENWOOD, Judge:

Appellant, Michael Pessetto, appeals from the trial court’s conclusion that he could not inherit from his illegitimate deceased child because he did not openly treat the child as his own as required by Utah Code Ann. § 75-2-109 (1978). On appeal, Pessetto claims section 75-2-109 is unconstitutional. We affirm.

Pessetto and Respondent, Jolene Scheller (Scheller), are the biological parents of the decedent, William “Billy Joe” Scheller (Billy Joe), who was born out of wedlock on August 10, 1981. During his birth, Billy Joe was deprived of oxygen for a period of time,…

2Cases cited27 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Craig v. BorenSupreme Court of the United States · 1976
  4. Lehr v. RobertsonSupreme Court of the United States · 1983
  5. Orr v. OrrSupreme Court of the United States · 1979

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3Cited by1 opinion

  1. In Re Turpening EstateMichigan Court of Appeals · 2003

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