Cravens' Estate, In re

• Decision Date: 16 March 1954
• Docket Number: No. 35880,35880
• Citation: 268 P.2d 236
• Parties: In re CRAVENS' ESTATE. IRELAND v. CRAVENS et al.
• Court: Oklahoma Supreme Court

Page 236

268 P.2d 236

1954 OK 82

In re CRAVENS' ESTATE IRELAND v. CRAVENS et al.

No. 35880.

Supreme Court of Oklahoma.

March 16, 1954.

Syllabus by the Court.

1. The burden of proof to establish all elements of legitimation is upon the claimant.

2. That portion of 10 O.S.1951 § 55 providing for adoption of illegitimate child by father 'publicly acknowledging it as his own, receiving it as such, with the consent of his wife, if he is married, in to his family, and otherwise treating it as if it were a legitimate child,' requires the father to have held such child out to his relatives, friends, acquaintances, and the whole world as his own.

3. A writing, to constitute an acknowledgment of paternity within the meaning of 84 O.S.1951 § 215, must be one in which the paternity is directly, unequivocally, and unquestionably acknowledged.

4. This court will not, on an appeal from the district court in a trial de novo from the county court in a probate matter, disturb the findings and judgment of the trial court on review, unless such findings and judgment are clearly against the weight of the evidence.

Kelly Brown, Muskogee, for plaintiff in error.

G. O. Wallace, A. C. Kidd, Wewoka, Marvin Wooten, Konawa, for defendants in error.

CORN, Justice.

John S. Cravens died October 12, 1946, resident of Seminole county, Oklahoma. Proceedings were instituted in the county court for admission of a purported will to probate and letters of administration were issued to A. R. Cravens and R. C. Cravens. An appeal was taken to the district court from the order admitting the will to probate, where judgment was rendered reversing and setting aside the order of the probate court. An appeal was perfected to this court wherein we affirmed the judgment of the district court. See In re Cravens' Estate, 206 Okl. 174, 242 P.2d 135.

July 25, 1952, the administrators filed their final account and motion for distribution of the estate and discharge as administrators, whereupon plaintiff (Loretta Ireland) filed a petition for distribution, alleging her right to participate in the estate as a daughter of the deceased. Other objections and exceptions to the administrators' final report were filed which need not be considered here. At the hearing plaintiff presented evidence in behalf of the petition for distribution. After consideration the probate court sustained defendants' demurrer to her evidence, denied any relief and dismissed the petition.

A lengthy record precludes extended recitation of the evidentiary matters relied upon to support plaintiff's claim that she was deceased's natural child and entitled to participate in his estate, by virtue of having been adopted publicly under the statutory requirements, 10 O.S.1951 § 55 for adoption of illegitimate children; and, also by having been legitimated by written acknowledgment within the requirements of 84 O.S.1951 § 215.

The substance of plaintiff's claim is that she was born near Chester, Arkansas, in 1894, and lived with her mother and grandfather (McCasslin) until her marriage in 1925 and establishment of a home in Van Buren, Arkansas. After that time deceased visited her frequently until the time of his death, carried on correspondence with her, assisted her financially to a small extent, persuaded her and members of her family to visit him at Konawa, and in such manner publicly acknowledged her as his child. A large number of letters purportedly written by deceased to plaintiff appear in evidence, as well as one letter, hereafter mentioned which, plaintiff contends, sufficiently fulfilled the requirements of a written acknowledgment of proof of parentage under the statute, supra.

Plaintiff's evidence reflects that after her birth she lived with her mother and grandfather, and when about 8 years of age learned her mother and father were not married. Her mother married and plaintiff lived with her mother until her own marriage. In 1925 deceased apparently learned of plaintiff's whereabouts and visited in her home, and other parties knew of his visit and that he was her father. On the occasion of his first visit deceased told her of his family and business interests, and offered her husband employment if they would move to Konawa. Plaintiff detailed several other visits deceased made in her home, and also testified concerning numerous letters purportedly received from deceased between 1925-1941. Most of these letters were very crudely typewritten and bore no written signature. She also testified to having received small gifts and small amounts of cash at various times. She further claimed deceased brought his son, Arthur, when he visited in 1926, but after that year made no other visits until 1937, for reason that her mother was living with her during that time. In 1937 he brought his grandson when he came to visit, and in 1938 returned with another grandson, and told plaintiff of his intention to bring all the boys to visit. Deceased returned to her home for a visit in 1943, and in 1947 she learned of his death. Between 1927-1937 deceased did not visit plaintiff, but it was claimed this lapse resulted from her mother living in plaintiff's home, although deceased continued to write to her and send small amounts of money.

On cross-examination plaintiff testified she was 31 years of age when she first saw deceased, never visited in his home in Seminole county, and did not know his wife (Martha) whom he had married in Chester, Arkansas, in 1894.

Two of plaintiff's witnesses testified to having met deceased when he visited plaintiff; that he was introduced as her father and stayed in plaintiff's home during his visits. Plaintiff's daughter remembered him visiting in the home, knew him as her grandfather, and recalled two different occasions when he brought one of his sons with him, and another occasion when he was accompanied by a grandson.

An elderly witness (Kimes) had known deceased during their early life in Arkansas and knew deceased's acquaintance with plaintiff's mother; that plaintiff's mother bore a child previous to marriage, and to his knowledge this child was the same person as Loretta Ireland, the plaintiff. Deceased had visited this witness in Fort Smith, Arkansas to inquire plaintiff's whereabouts, and on that occasion told Kimes he had accumulated some wealth and wanted to help his daughter. On one occasion when deceased visited the witness he was accompanied by plaintiff. The witness knew plaintiff's reputation in the community where she was born as being deceased's child, and knew this to be true when deceased told him this.

The deposition of deceased's former son in law (Spinks) was received in evidence. He testified to having met deceased several times on the occasions of his visits to Arkansas. In October, 1941, the witness, accompanied by a brother in law visited in deceased's home for two days, and had been there on previous occasions. The witness recalled the 1941 visit because he wanted to borrow some money from deceased. On that occasion deceased discussed plaintiff's parentage with witness, although no others were present, having just finished a letter to plaintiff which he then read to witness. He asked witness to address an envelope, and at that time added a pencilled postscript to this letter, and stated that since plaintiff was his daughter he intended to take care of her when he 'passed on'. The witness identified a letter as being one which he had addressed for deceased, and which they later went together to mail. He also tetified deceased stated he had taken care of his other children and intended to take care of plaintiff, and intended to visit her again and tell her this.

The letter relief upon by plaintiff and constituting written acknowledgment of parentage was as follows:

'.6.41

'konawa.okla

'Helo.Loretta.&.#Every body & every body else to just got your letter sat glad you are ok well iam still having trubble with my self i.have a.case of arthites giving me some trubble yet.guess i.will go back to clair more soon. i, aimed to come out thare soon but got cripled up. again dont no now when i, can come, am all right except my little minor ailments. may git all right pe prety soon, wee are having lots of rain here now, other wise every thing is okas far as i no, well yes old hittler is liable to come over and git us all by the top of the head now laugh at that, lots of pople scared to deth, a, bout foolshness well so much for that, well i, will rite a, gain when i, go to clair more, tell all the folks helo, and so long write a, gain soon and tell me all the news

'J S, Cravens to every one and all

'J S Cravens (in longhand)

'(In longhand)

'P S Well I will Come Down Some time after I Move do not no yet I will Bee a Way for a short time at Xmas But will Be Back Soon After hope you all hav a Good time Xmas So Rit me a Cashely to keep Posted yours with lott of love Dad

'J S Cravens'

The pencilled postscript, which the witness Spink testified he saw the deceased write, was written on a sheet of ordinary ruled paper. The tenor of this writing was that deceased would be away for a time at Christmas and would come to visit after he moved. The letter was signed J. S. Cravens, while the closing bore the word 'Dad' immediately above the signature. Casual examination of this letter, which appears as defendants' Exhibit 4 in the record, discloses erasure on the purported letter where the word 'Dad' appears.

The evidence in defendants'...