Middlebrooks v. Hatcher

In this paternity proceeding under article 5 of the Family Court Act, the petitioner seeks a declaration of paternity for a male child horn to her on December 14, 1965. The proceeding has been brought against the administrator of the estate of David Hatcher, as the putative father died before the filing of the petition by the mother of the child. With the filing of the petition the court is faced with the question as to whether the petitioner’s cause of action has abated with the death of the alleged putative father of the child. The putative father died on July 21, 1967 and the instant…