Evening Republican, Volume 19, Number 36, Rensselaer, Jasper County, 11 February 1915 — MEASURE DIRECTED AT GIFFORD CASE BEATEN [ARTICLE]

MEASURE DIRECTED AT GIFFORD CASE BEATEN

Bill Proposed by Senator Wodd, of Tipton County, Would Shut Out Illegitimate Child.

Senator Wood, of Tipton county, introduced a bdll in the state senate which provided that only in cases where the father of an illegitimate child had made acknowledgement of the offspring in writing before an officer authorized to acknowledge deeds and mortgages could the offspring share in the estate of the father. The (bill passed to the third reading when it was made an order of special business for Wednesday morning and after a sharp debate was defeated by a vote of 37 to 5.

Apparently the measure was introduced with a view to defeating the case of Regina-Burris, now Mrs. John Kupke, who claims to be the illegitimate child of Benjamin Gifford and who brought suit some time ago through her attorneys, John A. Dunlap and E. B. Sellers, for the entire Gifford estate. George H. Gifford, executor of the will of B. J. Gifford, and Moses Leopold, local attorney for the executor, were present when the bill was argued as also were Attorneys Dunlap and Sellers, Senator McCormick, of this district. Senator Ridebach, of Winamac, and Senator Reser, of Lafayette, were all aligned against the measure and helped to accomplish its defeat.

The measure had it become a law would have it impossible for an illegitimate child to have shared in the estate of the father unless he bad done the almost wholly improbable thing and made acknowledgement of the child In writing before a notary public. The bill proposed the repeal of all conflictings laiws. . Benjamin Gifford left $5,000' for the Burris girl and had, it is claimed, previously made acknowledgement to a numlber of persons that she was his daughter. Her mother was a daughter of R, W. Burris and when she was about 16 years of age Gifford employed her to go with him to his farms in Jasper county. It was during this time that she became a mother, and it is said Mr.- Gifford took her to a hospital in Kankakee, 111., when the child was born and afterward deeded to R. W. Burris and wife a 40-acre farm. There had been a prospect of the case coming to trial at this term of court but now it seems probable that it will go over until next term. , The full text of the defeated measure, which was known as “Senate Bill No. 147” follows: Section 1. Be it enacted by the General Assembly of the State of Indiana, That the illegitimate child or children of any man dying intestate and having acknowledged such child or children during his life as his own, shall inherit his estate, both real and personal, and shall be deemed and taken to be the heir or heirs of such intestate in the same manner and to the same extent as if such child or children had been legitimate: Provided, That such acknowledgement shall be in wirting and acknewledged before an officer authorized to aieknewledge deeds and mortgages : and be it further provided, That the provisions of this act shall not apply where the father of the illegitimate child, at tiis death, had surviving legitimate children or descendants of legitimate children. Sec. 2. An emergency existing, this act shall be in force from and after its passage.