Estate of Woodward

This appeal involves the sole question, one of first impression in California, whether an illegitimate minor child, not publicly acknowledged and adopted by the father (see Civil Code, § 230), and not made an heir by written acknowledgment (see Prob. Code, § 255), is made eligible to receive a family allowance from the estate of such father under Probate Code section 680. The trial court answered this question affirmatively and ordered an allowance. We affirm this order.

The undisputed facts may be briefly stated. Petitioner is the illegitimate child of decedent and Mildred Lineberry (now…