Lay v. Lay

Opinion of the Court by

Judge McCandless

Reversing.

T. C. Lay died intestate in Whitley county. lie had no children, but was survived by several brothers and sisters and also a widow. The latter had a son, L. C., who was bom prior to her marriage to T. C. Lay, and who was six years of age at that time.

T. C. Lay did not adopt him but at his suggestion the boy took his surname and lived as a member of the family, and it seems that he and his stepfather were intimate and fond of each other. At the time of the death of the latter L. C. was 30 years of age and established as railroad agent at the…