187 Iowa 1152 | Iowa | 1919
“Illegitimate children become legitimate by the subsequent marriage of their parents.”
The only issue, therefore, for our determination is whether decedent was the father of the plaintiff. Parentage is essential to inheritance, except when adoption has been effected, and the right thereto by an illegitimate child may be established (1) by proof of parentage, and (2) by recognition in writing, or general and notorious recognition, or by the subsequent marriage of the parents. Recognition in writing or general and notorious recognition, however, does not remove the taint of illegitimacy. Only by the subsequent marriage of the parents does the illegitimate child become legitimate offspring of its parents. Brisbin v. Huntington, 128 Iowa 166. If, then, plaintiff was begotten by decedent, she is as legitimate, under the law, as his son and daughter born in wedlock. As said, the only issue is whether plaintiff is the daughter of decedent; and to warrant a finding that she is, the evidence must be clear and convincing. McNeill v. McNeill, 166 Iowa 680.
A second reading of the record has only confirmed our conclusion, reached on the first reading, that the decree finding that plaintiff is not the daughter of decedent is correct. In the first place, the adolescence of Standage and the disparity of his age and that of plaintiff’s mother render any sexual relation exceedingly improbable, and this is em
We have done no more than touch the high places in the voluminous record before us. A detailed review of the record would serve no useful purpose. It is enough to say that not only has plaintiff failed to establish her right to inherit as decedent’s child, by clear and convincing evidence, but the contrary conclusion appears, by a decided preponderance of the evidence. — Affirmed.