Byerly v. Tolbert

The jury’s answer to the issue submitted simply declares .a fact that -is admitted by all parties.

The basic question is whether the fact that Sandra Louise Tolbert was bom more (than ten lunar months after the intestate’s death establishes conclusively as a matter of law that she is not entitled to a 'child’s share in the 'distribution of the intestate’s estate. If not, 'appellant, upon offering evidence sufficient to warrant an affirmative answer, was entitled to have the issue he tendered submitted to the jury.

We need not consider whether the count erred in excluding the proffered testimony…