Estate of Cornelious

Opinion

KAUS, J.

Appellant Trudy Ann Hall challenges the constitutionality of the rule of Evidence Code section 621, subdivision (a), that “the issue of a *463wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage.”1 Hall contends that application of the presumption to bar her from proving that Willis Cornelious, deceased, was in fact her natural father, denies her due process.

Willis Cornelious died intestate, leaving neither a spouse nor legitimate children. His surviving sisters nominated Hettie Taylor to administer his estate.…