Koep v. Karger

Matson, Justice.

Appeal from a judgment construing M. S. A. 525.172 and declaring male decedent’s mother to be his sole heir to the exclusion of an illegitimate son whose paternity had theretofore been adjudicated under § 257.23.

The sole issue is whether an illegitimate child may inherit from one adjudged in a paternity proceeding under § 257.23 to be his father when such judicially declared father dies without having declared in writing, before a competent attesting witness, that he is the father, as required by § 525.172, which provides:

“An illegitimate child shall inherit from his mother…