Prince v. Black
| Decision Date | 24 June 1986 |
| Docket Number | No. 42894,42894 |
| Parties | PRINCE v. BLACK. |
| Court | Georgia Supreme Court |
Elsie Higgs Griner, Galen P. Alderman, Griner & Alderman, Daniel L. Studstill, Nashville, for Reginald Prince.
Fred L. Belcher, Nashville, for John H. Black.
Douglas B. Brown, amicus curiae.
We granted certiorari from the Court of Appeals in Black v. Prince; and vice versa, 176 Ga.App. 465, 336 S.E.2d 318 (1985), and we reverse.
The appellant, Reginald Prince (also known as Reginald Lumpkin) was conceived and born at a time his mother, Josephine, was cohabiting with Lorenzo Prince. Although Josephine was still legally married to Willie Lumpkin she had been separated from him for some time before she began cohabiting with Lorenzo. Lorenzo took Josephine to the hospital to have their child, visited her and his son while in the hospital, named the child Reginald Dwight, and paid all the hospital bills. When Lorenzo discovered that Josephine's husband's name appeared on the birth certificate as the father of the child, he asked if he could have the certificate changed to reflect his name, but was told that he could not do so since Josephine was legally married to Lumpkin. Lorenzo loved and cared for Reginald and was the only father that Reginald ever knew. When Reginald was six years old his mother moved to Florida and gave complete custody and control of Reginald to his father. Lorenzo registered Reginald in the public schools under the name Reginald Prince and treated Reginald as his son in every way and Reginald treated Lorenzo as his father. Prince purchased several insurance policies in which he named Reginald the beneficiary and listed him as his son. Lorenzo applied to Social Security for retirement benefits for himself and Reginald as his son. On the application, he swore twice under the penalty of perjury that Reginald was his son. Reginald and his father discussed having his name formally changed to Prince, but Lorenzo died before it could be done.
Lorenzo Prince died intestate and his sister asked appellee Black to qualify as administrator of Lorenzo's estate. Reginald filed a caveat and the probate court dismissed it. Reginald thereafter appealed to the superior court and a jury found that he was the son and lawful heir of Lorenzo Prince. Appellee Black appealed to the Court of Appeals and they held that the evidence presented was sufficient to permit the jury to find that Lorenzo was Reginald's natural father, but that there was nothing to support the contention that the requirements of OCGA § 53-4-4(c) were met to enable Reginald to inherit from his father. Thus, the Court of Appeals reversed the jury's verdict.
The appellant contends that the jury's verdict can be upheld under the theory of virtual or equitable adoption.
Foster parents who intend to adopt a child so that the child can be legally recognized as their lawful heir may accomplish their objective during their lifetimes pursuant to OCGA § 19-8-8. Likewise the father of an illegitimate child who intends to have his child legally recognized so that the child may inherit from his estate as his lawful heir may accomplish his objective pursuant to OCGA § 19-7-22. If the foster parents or the father of the illegitimate child dies intestate before the formalities...
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