Matter of Estate of Herr

MESCHKE, Justice.

Alberta H. Cates appealed from a summary judgment dismissing her objection to the formal probate of Clifton Herr’s will and her demand for an intestate share of Clifton’s estate as his only natural child. We affirm in part, reverse in part, and remand for further proceedings.

Cates was born on October 18, 1941. Cates’ mother, Lenora Bender, claimed that Clifton was Cates’ father. Although Clifton initially contested paternity, a judgment was entered in 1942 in Cass County in which he admitted that he was Cates’ father and agreed to pay Lenora $525 as a complete settlement of…