Williams v. Estate of Long

Summary

The Florida First District Court of Appeal affirmed an order determining that three children were the illegitimate children of J.D. Long and were entitled to inherit from his estate. The court held that, under Gammon v. Cobb, the children's mother could testify regarding their illegitimacy despite having been married to another man when they were born. It also held that Long's written acknowledgment of paternity in an insurance application satisfied the requirements of section 731.29, Florida Statutes (1973), and that the presumption of legitimacy for children born in wedlock was rebuttable.

Holdings

1. A married mother may testify that her children are illegitimate. Gammon v. Cobb removed the prior Florida legal impediment to such testimony, and the same rule applies in an inheritance proceeding brought by the children to establish their right to inherit from their biological father.
2. Applying Gammon retrospectively did not impair the appellants' vested rights because, if the three children were Long's illegitimate children, their inheritance rights vested at Long's death at the same time as the rights of Long's children born in wedlock.
3. Section 731.29, Florida Statutes (1973), may be used as an element of proof in an action by children claiming to be the illegitimate children of a decedent. The strong presumption that children born in wedlock are legitimate is rebuttable, and Long's written acknowledgment of paternity in the insurance application, made in the presence of a competent witness, supported the trial court's determination that the children were his illegitimate children and estate beneficiaries.

Questions Presented

1. Whether a married mother could testify that her children were illegitimate despite the presumption that children born during a marriage are legitimate.
2. Whether the Florida Supreme Court's decision in Gammon v. Cobb applied to this appeal even though it was decided after the trial court entered its order, including whether retrospective application impaired vested property rights.
3. Whether section 731.29, Florida Statutes (1973), permitted the children to establish inheritance rights as illegitimate children based on Long's written acknowledgment of paternity even though their mother was married to another man when they were born.

Disposition

affirmed