Estate of Lund

SCHAUER, J.

Bert A. Lund, petitioner herein, appeals on a settled statement from an order denying his petition to determine heirship. Petitioner was born the illegitimate (it is assumed) son of Andrew Lund, now deceased, from whom he seeks to inherit. He was received into his father’s family, with the consent of the father and his wife (not petitioner’s mother), while they were domiciled in another state, and thenceforth was publicly acknowledged and in every respect treated by his father as a legitimate son. The father died a resident of California, leaving estate herein. The family status and relationship do not appear ever to have been disavowed. We have concluded that by virtue of the provisions of section 230 of the Civil Code, upon the facts shown, petitioner is entitled to share in the estate of decedent pursuant to the statutes of descent of California.

Petitioner was born in Norway in 1883. His father (decedent) and mother are not shown to have ever married and for the purposes of this opinion we assume that the evidence establishes that they did not marry. Decedent came to Minnesota and married another. There were two children of the

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marriage, Lillian Blanche and Prank. In 1904 petitioner, at the request of decedent and his wife, came from Norway to Minnesota and was received into the family with the consent of the wife and publicly recognized and acknowledged by decedent as a son. In 1906 decedent moved to New Mexico; he took petitioner with him and the rest of the family soon joined them; petitioner continued to live as a member of the family and was publicly recognized and acknowledged by decedent as a son. It does not appear that this publicly established family status (whatever its legal effect) was ever broken up or disavowed prior to decedent’s death. Petitioner was known by the name “Lund” in Norway. Although his mother’s name was Anderson he came to this country under the name “Lund,” and has continued to use it.

In 1941 Andrew Lund, the father, then a resident of California, died, leaving estate herein. It does not appear exactly when decedent became a resident of this state or, expressly, that petitioner did or did not join his father in becoming domiciled in California. Petitioner, it appears, was of adult age before the family moved to California—in fact, before they moved to New Mexico—but there is no showing that he ever married or established a separate domicile. It does appear that his half-brother and half-sister are residents of this state and he is now appearing in the courts of this state, invoking their jurisdiction.