Respress v. Ellison

Pope, Judge.

Dud Respress died intestate. He was survived by one who claims to be his common-law wife but had no surviving children born in wedlock. Appellant, brother of the deceased, was appointed temporary administrator of the estate by the probate court. Appellee, Rosemary Howard Respress Ellison, appealed to the superior court, contending she was the deceased’s daughter. After a bench trial the superior court found appellee to be entitled to inherit as a child and remanded the case to the probate court with instruction that appellee be appointed administratrix of the estate. Appellant…