Thorn's Estate

Bolger, J.,

dissenting. — The error in the adjudication and in the majority opinion arises from a blind *690adherence to the legal presumption of legitimacy, which has only limited application to this case and which in fact is conclusively overcome by the unquestioned record facts. In this connection too much emphasis is placed upon whether or not the Indiana divorce proceedings and alleged remarriage are valid under Indiana law. The real question is whether such divorce and remarriage are binding upon the substitutionary beneficiaries under testator’s will which is now before this court for…