Bilbrey v. Smithers

OPINION

REID, Justice.

This case presents for review the right of a child born out of wedlock to inherit from his natural father who died prior to the amendment of Tenn.Code Ann. § 81-2-105(a)(2)(B) (Supp.1995) in 1978. The record supports the finding of paternity, but the claimant failed to establish the right to inherit as required by the statute; however, the appellant is estopped to deny the claimant’s asserted interest in the decedent father’s real property.

THE CASE

S.D. (Sam) Asberry died intestate on June 12,1966, survived by two legitimate children, Orban Asberry and Blanche Bilbrey, and…