DuErmit v. Stewart

Opinion

BROWN (Gerald), P. J.

Ronald L. Stewart and Barbara Stewart DuErmit appeal a judgment declaring they are not heirs of Walter E. Stewart and dismissing their petition to determine heirship (Prob. Code, § 1080).

Walter E. Stewart married Catherine Larsen, a widow with three children, including Ronald and Barbara’s father Vincent. Walter and Catherine had four children. Walter received Vincent into his home; raised and supported Vincent; and treated Vincent no differently than his own children. Vincent used the Stewart name, but Walter did not adopt him.

Walter died in 1978; both Catherine…