Varner v. Sharp

Johnson, Judge.

When Ralph Sharpe died intestate, his brother, Kenneth Sharp, applied for letters of administration claiming to be the sole heir. Several weeks later, Dorothy Varner also applied for letters of administration, claiming to be Ralph’s child born out of wedlock and sole heir. Each party filed a caveat to the other’s application. After a bench trial, the probate court judge found clear and convincing evidence that Dorothy was Ralph’s daughter, but did not find clear and convincing evidence that Ralph intended her to inherit his estate to the exclusion of Kenneth. Basing its…