Karnes v. State Department of Public Health

[869]

Opinion

WRIGHT, J.

This is an appeal from a judgment discharging an alternative writ and denying a petition for writ of mandamus.

Statement of Facts

Earl Hansen was bom in Bakersfield, California, on January 8, 1925. His original birth certificate named Otto Hansen as his father and Rena Paaske as his mother. On August 21, 1926, William A. Poff married Rena Paaske, who used the last name of Hansen on the Certificate of Marriage. William A. Poff died on August 1,1960.

On June 29, 1965, respondent’s Bureau of Vital Statistics accepted for filing an affidavit to correct the birth certificate of Earl Hansen. Hansen’s true name was stated to be «Bill Earl Poff (hereinafter called Bill), and his father was stated to be William A. Poff (hereinafter called William). The affidavit was executed by Bill’s mother, who signed under the name of Rena L. Noxon, and by a friend, Lucille E. Auborn. The affidavit could not have been executed by William by reason of his prior death. On June 30, 1965, respondent issued an amended birth certificate stating that Bill was the son of William.

Maud Julia Keuthan, sister of William, died intestate on April 19, 1965, slightly over two months before the amended birth certificate was issued. Conflicting petitions were filed for appointment of an administrator of her estate. One of the petitioners was Bill, who alleged he was a nephew of decedent. Petitions were also filed by the public administrator of Los Angeles County and by Harry H. Blake, who alleged that he was a first cousin of decedent. On October 13, 1965, at the conclusion of a rather extensive hearing, the probate court held, inter alia, that Bill Earl Poff was the natural and ligitimate child of William Andrew Poff, brother of the decedent. Bill’s nominee, Willard M. Wood, was then appointed administrator of the estate. This order was subsequently affirmed on appeal.

1

Appellants in the instant case, who allege they are first cousins of William A. Poff, filed a Petition to Determine Heirship on March 15, 1966, in the estate proceedings. This matter is still pending.