SHORES, Justice.
The only issue in this appeal is whether the trial court erred in holding that an adjudication of paternity had been properly set aside in a second action, and that the holding in the second action prohibits the child from inheriting any portion of the decedent's estate.
The trial court made the following pertinent findings of fact:
"1. On June 26, 1985, Probate Judge Lionel W. Noonan duly appointed Beatrice R. Jones as Administratrix of the estate of her deceased son Larry Williams.
"2. On July 3, 1985, Brenda Stallworth filed a Notice of Widow's Interest in Estate alleging that she was the common law wife of the decedent Larry Williams.
"3. On September 27, 1985, Robin Lue Jones filed a petition alleging that she was the common law wife of the decedent Larry Williams and that her children Seleshe A. Jones and Rononda Rene Jones were the natural children of the deceased.
"4. On October 7, 1985, a pleading was filed styled Notice to the Court of a Possible Heir to the Estate of Larry Williams alleging that a minor child named Gary Coleman might be the child of the deceased.
"....
"6. On November 8, 1985, Circuit Judge Ferrill D. McRae entered an Order Removing Administration of Estate from Probate Court to Circuit Court.
"....
"8. Petitioner Brenda Stallworth was not present during the trial and did not testify as a witness, and no testimony or evidence was presented in support of her claim to be the common law wife of the deceased Larry Williams.
"9. The Court finds that during the course of the trial, petitioner Robin Jones abandoned and withdrew her claim as alleged common law wife of the deceased Larry Williams.
"10. The evidence submitted on behalf of claimant Gary Coleman was that on January 27, 1982, in a paternity action in the Circuit Court of Mobile County, Case No. Ju-82-5041, the Circuit Court entered an order adjudicating Larry Williams to be the father of Gary Coleman. That order has never been modified or attacked, and there have been no
subsequent proceedings regarding the adjudication of paternity in that order.
"11. On October 11, 1979, prior to the birth of her child Seleshe Jones, Robin Jones swore under oath and penalty of perjury to the Department of Pensions and Security that Fred Young was the father of her unborn child Seleshe Jones.
"12. In early 1980 Robin Jones initiated a paternity action against the decedent Larry Williams alleging that he was the father of her child Seleshe Jones. On February 21, 1980 the Juvenile Division of the Mobile County Circuit Court entered an order finding that Larry Williams was the father of Seleshe Jones.
"13. On January 27, 1981, Robin Jones again swore under oath and penalty of perjury to the Department of Pensions and Security that Fred Young was the father of her child Seleshe Jones.
"14. Robin Jones gave birth to Rononda Rene Jones on November 17, 1981. Robin Jones never filed a paternity action on behalf of her child Rononda Rene Jones against the decedent Larry Williams.
"15. On July 14, 1983, Robin Jones appeared in Court and testified under oath that Larry Williams was not the father of Seleshe Jones and that Fred Young was in fact the father of Seleshe Jones. Based upon the testimony of Robin Jones, the Circuit Court dismissed the action with prejudice. The order confirming the Juvenile Division referee's order was signed by Circuit Judge Braxton L. Kittrell, Jr.
"16. On January 30, 1987, during the pendency of this action, Robin Jones swore for the third time under oath and penalty of perjury to the Department of Pensions and Security that Fred Young was the only possible father of her child Seleshe Jones. At that same time Robin Jones told Department of Pensions and Security case worker Edrick Robinson, according to the written reports of Department of Pensions and Security, that the 'only possible father of Seleshe Jones is Mr. [Fred] Young.'
"17. The Court finds, based upon the contradictory and conflicting testimony and sworn statements of Robin Jones as well as the Court's observation of her demeanor as a witness, that Robin Jones was not a credible and forthright witness."
Based upon these findings of fact, the trial court reached the following conclusions of law:
"18. Rule 60(b)(6) of the Alabama Rules of Civil Procedure empowered the Circuit Court to set aside a judgment, including a judgment of paternity, when necessary to do so in the interest of justice and equity. Coburn v. Coburn, 474 So.2d 728 (Ala.Civ.App.1985).
"19. In the paternity action filed by Robin Jones as to her child Seleshe Jones, the Circuit Court's Order entered on July 14, 1983 necessarily and as a practical matter vacated and set aside its previous adjudication of paternity. Therefore, the previous order was not res judicata. Coburn v. Coburn, 474 So.2d at 730.
"20. In addition, the law in Alabama mandates that a judgment is implicitly or as a practical matter vacated by subsequent proceedings taken in the same action which are inconsistent with the original judgment. Kamp v. Morang, 277 Ala. 575, 173 So.2d 566 (1964). In July 1983, when the Circuit Court, based upon the sworn testimony of Robin Jones herself that Fred Young, and not Larry Williams, was the father of Seleshe Jones, decided not to retry the paternity issue and instead dismissed the entire action with prejudice, the Circuit Court necessarily and as a practical matter vacated its previous order.
"21. The Court finds that since it was the testimony of Robin Jones herself which led the Court to set aside its previous judgment, Robin Jones cannot now question the Court's action in setting aside that same judgment. Wheeler v. Strickland, 178 Ala. 360, 60 So. 59 (1912).
"22. The law in Alabama is clear that a judgment procured by fraud on the
Court itself may be set aside by any court, trial or appellate, on its own motion, even after three years. Waldrop v. Waldrop, 395 So.2d 62 (Ala.1981); Crisco v. Crisco, 294 Ala. 168, 313 So.2d 529 (1975). Clearly, when Robin Jones appeared before the Court in July of 1983 and testified under oath that Fred Young, and not Larry Williams, was the father of Seleshe Jones, the Circuit Court was empowered to, intended to and did vacate and set aside the original paternity judgment because it had been procured by Robin Jones' fraud on the court as well as on the decedent Larry Williams.
"23. The Alabama Supreme Court has squarely held that a judgment obtained by fraud is absolutely void. Howell v. Randle, 171 Ala. 451, 54 So. 563 (1911).
"24. Alabama Code [1975], Section 43-8-48(2)(b), provides that after the death of the alleged father, the paternity of an illegitimate child must be established 'by clear and convincing evidence.' The Supreme Court reaffirmed that evidentiary standard in Cotton v. Terry, 495 So.2d 1077 (Ala.1986).
"25. Since Judge Kittrell's order dated July 14, 1983 necessarily and as a practical matter set aside and vacated the previous order of paternity, there was no valid and existing order of paternity as to Seleshe Jones prior to the death of Larry Williams. Consequently, under Code Section 43-8-48(2)(b), the burden of proof for the claims of both Seleshe Jones and Robin [Rononda?] Jones is 'clear and convincing evidence.'
"26. The Court, having carefully and thoroughly considered all the evidence and testimony, finds that neither Seleshe Jones nor Rononda Jones has met the burden of establishing the paternity of the decedent Larry Williams by clear and convincing evidence."
While the appellant does not contest any of the trial...
