THACKER ET AL. v. BUTLER, ADMINISTRATOR ETC., ET AL

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.