Reed v. Campbell

Prince Ricker, appellant’s father, died intestate on December 22, 1976. At that time, § 38 of the Texas Probate Code provided that a decedent’s estate should descend to “his children and their descendants,” 1 but §42 prohibited an illegitimate child from inheriting from her father unless her parents had subsequently married. 2 In Trimble v. Gordon, 430 U. S. 762 (1977)—decided four months after Ricker’s death— we held that a total statutory disinheritance, from the paternal estate, of children born out of wedlock and not legitimated by the subsequent marriage of their parents is…