Frakes v. Hunt

Conley Byrd, Justice.

The pivotal issue in this case is whether we should give retroactive effect to Trimble v. Gordon, 430 U.S. 762, 97 S. Ct. 1459, 52 L. Ed. 2d 31 (1977). The facts giving rise to this litigation show that Linn Hunt died intestate on April 19, 1972. He had never married but had numerous collateral heirs, appellees Ray Hunt, et al. The principal asset of his estate was more than 400 acres of land which appellees have had possession of since Linn Hunt’s death. There is a statute, Ark. Stat. Ann. § 61-141 (d) (Repl. 1971), which prevents illegitimate children from inheriting…