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MATTER OF TOMPKINS

55 A.D.2d 652 (1976)

In the Matter of The Estate of Euphemia Tompkins, Deceased. Richard McFarland, as Executor, Appellant; Arthur Christian et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 20, 1976

Decree affirmed insofar as appealed from, with one bill of costs jointly to respondents payable by petitioner, as executor.

The evidence in this record adequately supports the Surrogate's determination. Further, there is a legal presumption that every child is born legitimately; the burden of establishing illegitimacy is upon those who assert it (4B Warren's Heaton, Surrogates' Cts, § 403, par 13, cl [b]; see, also...

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