Sapp v. Barnes

Respondent, the decedent’s maternal aunt, appeals by right from an order determining that petitioners, allegedly the decedent’s half-sister and half-brother, are the sole heirs of her estate. Although the decedent’s mother was never married to Tharman Gibbs, ample evidence that he was decedent’s natural father was presented at the hearing to determine heirs. Section 111 of the Revised Probate Code states in part:

"(4) If a child is born out of wedlock or if a child is born or conceived during a marriage but not the issue of that marriage, a man is considered to be the natural *253father of that…