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RAGER v. TURLEY12/1/1999
een denied, would be entitled to offer evidence.
But even if we were to require affirmative evidence that Joshua was the child of the decedent, such evidence was before the trial court. Margie Rager, the decedent's mother, testified that she adopted Joshua. She testified that the decedent told her that Joshua was his son and that Joshua had lived with her for some two years. She testified that she told Chandra Turley, a daughter of the decedent and the administratrix of his estate, that Joshua was Tommy Rager's child. Chandra Turley testified that she had been told this by her grandmother.
Although the trial court never reached the issue whether Joshua was in fact Tommy Rager's son, surely the evidence would support a finding that he was.
For the reasons stated, I respectfully dissent. I am authorized to state that Judge Crabtree joins in this dissent.
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