MATTER OF ESTATE OF EVJEN

No. 88-1412.

448 N.W.2d 23 (1989)

In the Matter of the ESTATE OF Mark Allen EVJEN, Deceased. George EVJEN and Frank Cummings, Appellants, v. Tracy Lee NOVOTNY, Natural Mother and Next Friend of Zachary Allen Novotny, Appellee.

Supreme Court of Iowa.

November 22, 1989.


Attorney(s) appearing for the Case

Dennis S. Clark, Iowa City, for appellants.

Richard C. Garberson and Susan M. Pence of Shuttleworth & Ingersoll, P.C., Cedar Rapids, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, LAVORATO, and NEUMAN, JJ.


LARSON, Justice.

Under our intestate succession laws, an illegitimate child is considered to be an heir if the father has "recognized" the child as his own, providing the recognition is "general and notorious." Iowa Code § 633.222 (1989). The principal issue in this case is whether a putative father, who died approximately a week after learning of the pregnancy of the mother, generally and notoriously recognized the child for purposes of section 633.222. The...

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