Christman v. Jones

George Rose Smith, Justice.

The appellant, Mark Byron Christman, now 23 years old, was born out of wedlock. His father, Ernest Byron Cross, died intestate in Saline county in January, 1972. Mark filed the present petition in the probate court, asking that he be declared to be the decedent’s legitimate son and heir. The present statute, and an earlier one to the same effect, provide that Mark is to be deemed and considered legitimate if he makes the threefold showing (a) that Ernest was in fact his father, (b) that after Mark’s birth Ernest married Mark’s mother, and (c) that Ernest recognized…