Taxiera v. Malkus

MURPHY, Chief Judge.

This case involves the right of an after-born illegitimate child to establish the paternity of her deceased putative father.

I

On July 30, 1987, Elaine Taxiera, a Delaware resident, filed a declaratory judgment action in the Circuit Court for Dorchester County against Frederick C. Malkus, the Personal Representative of the Estate of Levi Brown, Jr. Elaine sought a declaration under Maryland Code (1974), § 1-208 of the Estates and Trusts Article, that Levi was the father of her illegitimate daughter, Leah, who was born four months after Levi’s death. Section l-208(b) provides…