Peetz v. Masek Auto Supply Co.

I respectfully dissent from that part of the' majority opinion which interprets section 30-109, R. R. S. 1943, specifically the part thereof as follows: “Every child born out of wedlock shall be considered as an heir of the person who shall, in writing, signed in the presence of a competent witness, have acknowledged himself to be the father of such child, * *

The burden devolves upon the plaintiff to establish that (1) the children were .born out of wedlock, (2) that Marvin L. Hagler is their father, and (3) that the father recognized them as his children in accordance with the statute. In re…