IN RE KESSLER'S ESTATE

No. 9512.

74 N.W.2d 599 (1956)

ESTATE of William KESSLER, Deceased. Andrew KESSLER, Appellant, v. Glenn LOERS and Ernest Stangohr, Administrators of the Estate of William Kessler, Deceased, Respondents.

Supreme Court of South Dakota.

February 4, 1956.


Attorney(s) appearing for the Case

Doyle, Mahoney & Dunn, Eugene C. Mahoney, Francis G. Dunn, Sioux Falls, for appellant.

J. H. Lammers, Madison, Mumford, Mumford & Protsch, Vincent J. Protsch, Howard, for respondents.


SMITH, Judge.

Whether the evidence is sufficient to support the respective findings that (1) LeRoy Voeltz, born in wedlock, was in fact an illegitimate child, (2) William Kessler, deceased, was his father, and (3) William Kessler legitimated or adopted LeRoy Voeltz by publicly acknowledging him as his son, receiving him into his family, and otherwise treating him as his legitimate child, as provided by SDC 14.0408, are the questions presented by this appeal.

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