
    Thacker et al. v. Butler, Administrator etc., et al.
    [No. 19,606.
    Filed September 5, 1962,
    Rehearing denied October 24, 1962. Transfer denied March 7, 1963.]
    
      Grafton J. Kivett, of Martinsville and Albert W. Ewbank, of Indianapolis, for appellants.
    
      Gilbert W. Butler, of Martinsville, for appellees.
   Dissenting Opinion

Jackson, C. J.

— I would grant the petition to transfer for the following reasons:

A. The father acknowledged the son prior to his death, apparently long prior to the enactment of the 1953 Probate Code, Acts 1953, ch. 112, §207, p. 295, being §6-207, Burns’, 1953 Replacement. Under the law . as it then existed, such acknowledgment accomplished everything that would be obtained under §6-207, Burns’ 1953 Replacement, supra, hence the paternity was “established by law during the father’s lifetime.”

B. The construction of the statute in the Appellate Court opinion makes §6-207, Burns’ 1953 Replacement, supra, retroactive.

Note. — Reported in 188 N. E. 2d .418.  