Legal Opinion · Dissent

Application of GK

South Dakota Supreme Court

Decided December 31, 1976No. 11873Published

1DissentZastrow, Justice

I find that the cases cited by the majority in support of the legitimation of T. T. G. by constructive receipt are not applicable to the situation presented here. Those cases deal with situations where the courts have found legitimation in order to establish inheritance rights or insurance benefits. Each involved situations where it was physically impossible for the natural father to receive the child into his home.1

*385In none of the cases does it appear that the natural mother would have objected to legitimation. In South Dakota, a natural father can secure the right of inheritance for his…

2Cases cited7 opinions

  1. Stanley v. IllinoisSupreme Court of the United States · 1972
  2. Blythe v. AyresCalifornia Supreme Court · 1892
  3. Application of HabeckSouth Dakota Supreme Court · 1955
  4. Hershey v. HersheySouth Dakota Supreme Court · 1970
  5. Nannestad v. NannestadSouth Dakota Supreme Court · 1921

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