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C. L. W. v. M. J.

Civ. No. 9306.

254 N.W.2d 446 (1977)

C. L. W., a minor, by her guardian ad litem, Stanley M. Waagen, as Director of the Stutsman County Social Service Board, Plaintiff, v. M. J., Personal Representative of the Estate of A. S., also known as A. F. S., Deceased, Defendant.

Supreme Court of North Dakota.

As Amended June 8, June 13 and July 26, 1977.

Attorney(s) appearing for the Case

James R. Jungroth of Mackenzie and Jungroth, Jamestown, for plaintiff.

David E. Nething, Jamestown, for defendant.

VOGEL, Justice.

FACTS

The certified question presented is whether under former law (Ch. 32-36, N.D. C.C.) an illegitimate child can bring an action against the estate of her father to determine that she is an heir and entitled to inherit, even though more than two years have passed since her birth and the two-year statute of limitations for actions to determine paternity has run. The trial court held that she could bring such an action, and we affirm.

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