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ESTATE OF SCHELLER v. PESSETTO

No. 880337-CA.

783 P.2d 70 (1989)

In the Matter of the ESTATE OF William "Billy Joe" SCHELLER, Deceased, v. Michael PESSETTO, Appellant.

Court of Appeals of Utah.

November 14, 1989.

Attorney(s) appearing for the Case

James E. Morton and Randall L. Skeen, Salt Lake City, for appellant.

Paul T. Kunz, Salt Lake City, for respondent.

Before BENCH, GREENWOOD, and JACKSON, JJ.

OPINION

GREENWOOD, Judge:

Appellant, Michael Pessetto, appeals from the trial court's conclusion that he could not inherit from his illegitimate deceased child because he did not openly treat the child as his own as required by Utah Code Ann. § 75-2-109 (1978). On appeal, Pessetto claims section 75-2-109 is unconstitutional. We affirm.

Pessetto and Respondent, Jolene Scheller (Scheller), are the biological parents of the decedent, William "Billy...

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