Legal Opinion

Evjen v. Novotny Ex Rel. Novotny

Supreme Court of Iowa

Decided November 22, 1989No. 88-1412PublishedCited by 4 opinions

1Opinion of the Court

LARSON, Justice.

Under our intestate succession laws, an illegitimate child is considered to be an heir if the father has “recognized” the child as his own, providing the recognition is “general and notorious.” Iowa Code § 633.222 (1989). The principal issue in this ease is whether a putative father, who died approximately a week after learning of the pregnancy of the mother, generally and notoriously recognized the child for purposes of section 633.222. The district court held that he did, and we agree.

Statements as to our standard of review have ranged from de novo, see, e.g., McNeill v.…

2Cases cited7 opinions

  1. Duffy v. DuffySupreme Court of Iowa · 1901
  2. In Re Wulf's EstateSupreme Court of Iowa · 1951
  3. Trier v. SingmasterSupreme Court of Iowa · 1918
  4. Hoover v. HooverSupreme Court of Virginia · 1920
  5. McNeill v. McNeillSupreme Court of Iowa · 1914

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Beeler v. AstrueCourt of Appeals for the Eighth Circuit · 2011
  2. Matter of SybersSupreme Court of Iowa · 1998
  3. Abkes v. ApfelDistrict Court, N.D. Iowa · 1998
  4. In the Matter of the Estate of Jerry Dean Mohr, Jonathon LangermanCourt of Appeals of Iowa · 2017

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