Wingate v. Estate of Ryan
New Jersey Supreme Court
149 N.J. 227, 693 A.2d 457 (1997)
- Written by Paul Neel, JD
Facts
Joanne Wingate (plaintiff) filed a complaint under the probate code against the estate of John Ryan (defendant), alleging that she and her son were John’s heirs. Joanne’s mother, Rachel Parsio, had been married to Willard Wingate, whom Joanne believed to be her father. When Joanne was twenty-five years old, Willard died. John died seven years later. Ten days before John’s death, Rachel informed Joanne that John, not Willard, had been her biological father. A DNA test showed a 99.99 percent likelihood that John was Joanne’s father. The estate did not contest the result of the DNA test. Nevertheless, the estate moved for summary judgment, arguing that Joanne’s complaint was barred by the Parentage Act’s 23-year statute of limitations. The trial court’s family division granted summary judgment for the estate. Joanne moved the court to reconsider. The family division then vacated its decision and transferred the case to the probate division. The estate appealed. The appellate division reversed the trial court’s denial of summary judgment. Joanne appealed.
Rule of Law
Issue
Holding and Reasoning (Coleman, J.)
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