16 Mass. App. Ct. 928 | Mass. App. Ct. | 1983
In order for an illegitimate child to inherit from its father by reason of acknowledgment of paternity pursuant to G. L. c. 190, § 7, neither a writing acknowledging paternity nor a stipulation of paternity is necessary. See Houghton v. Dickinson, 196 Mass. 389, 391-392 (1907); Paquette v. Koscotas, 12 Mass. App. Ct. 52, 53 & n.2 (1981). See generally Lowell v. Kowalski, 380 Mass. 663 (1980), which left open the question whether proof of paternity may be made out in the absence of the father’s written acknowledgment of paternity.
Because we cannot determine from the judge’s findings whether his conclusion that “[tjhere is no evidence of any conduct of the father estab-
The judgment is vacated, and the matter remanded to the Probate and Family Court for additional findings.
So ordered.