Benton ex rel. Brand v. Ivy

¶ 90. I respectfully concur in part and dissent in part with respect to the majority’s opinion in this heirship proceeding. Since I submit that the chancellor erred in allowing Randy’s mother, Joyce, to challenge Legand’s legitimacy and the prior determination of Randy’s paternity by his voluntary acknowledgment before his death, I concur with the majority’s determination that the chancellor erred in allowing the admission of the affidavit and DNA results into evidence.4 I submit that both precedent and statutory law require that we acknowledge that prior to his death, Randy determined…