Massachusetts Appeals Court June 10, 1981 (Paquette v. Koscotas)

Kass, J.

Upon report from a Probate Court judge pursuant to G. L. c. 215, § 13, we are asked three questions which, in light of Lowell v. Kowalski, 380 Mass. 663 (1980), are susceptible of restatement as one, viz.: is an illegitimate child the heir of his or her father in circumstances where the father has not acknowledged the child as his in writing? That question was left open in Lowell. Id.