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MARSHALL v. MARSHALL

670 S.W.2d 213 (1984)

Odis MARSHALL, Plaintiff-Appellant v. B.W. MARSHALL, et al., Defendants-Appellees.

Supreme Court of Tennessee.

Rehearing Denied May 29, 1984.

Attorney(s) appearing for the Case

Ray A. Bratcher, Memphis, for plaintiff-appellant; Pierce, Rice, Bratcher, Nichols & Stone, Memphis, of counsel.

Charles R. Perkins, Memphis, for defendant-appellee Lila Marshall; Perkins & Hartzog, Memphis, of counsel.

J. Payson Matthews, Somerville, for defendants-appellees; Matthews & Freeland, Somerville, of counsel.

Timothy L. Takacs, Hendersonville, for amicus curiae; Smith, Prince & Takacs, Hendersonville, of counsel.

OPINION

BROCK, Justice.

In March, 1975, Julius Marshall died intestate while owning 54 acres of land in Fayette County, Tennessee. He left no legitimate children but the plaintiff, Odis Marshall, claims to be the son, born out of wedlock, of the deceased intestate Julius Marshall. Julius was also survived by his widow, by a brother and by the children of a deceased brother and deceased sister. The surviving brother died before the filing of the complaint...

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