Stewart v. Mathes

STEPHENSON, Justice.

The opinion of this Court handed down on August 28, 1975, is withdrawn and the following substituted in its place.

This is an appeal from a judgment of the County Court of Jefferson County that plaintiff take nothing. Trial was before the court, sitting in probate, and the parties will be referred to here by name.

James Carroll Mathes died intestate in Jefferson County, and administration was taken out on his estate. Elaine Mathes Stewart filed a petition in that estate asking that she be declared a daughter of the deceased. Later pleadings filed showed her claim was based…