HANSON v. MARKHAM


371 Mass. 262 (1976)

356 N.E.2d 702

CONSTANCE HANSON vs. ESTHER MARKHAM & others.

Supreme Judicial Court of Massachusetts, Middlesex.

November 1, 1976.


Attorney(s) appearing for the Case

Allan G. Zelman for the plaintiff.

Francis E. Jenney for the defendants.

Present: HENNESSEY, C.J., REARDON, BRAUCHER, KAPLAN, & WILKINS, JJ.


BRAUCHER, J.

The plaintiff, as illegitimate daughter of a decedent, claims the same share in his estate to which a legitimate child omitted from his will would be entitled under G.L.c. 191, § 20. She recognizes that the statute has been interpreted not to apply to illegitimate children. King v. Dolan, 255 Mass. 236, 237 (1926). But she argues that the statute denies her equal protection of the laws in violation of the Fourteenth Amendment to the...

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