Jackson v. Jackson
Court of Appeals of Kentucky
Case 78 — EQUITY APPEAL FROM DAVIESS CIRCUIT COURT. The appellee, a bastard, cannot inherit through his mother from her' ancestors. (8 Dana, 121; I Blackstone, 378; 2 Bouv. Inst., 354;, Schoneir’s Dom.
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Case 78 — EQUITY APPEAL FROM DAVIESS CIRCUIT COURT. The appellee, a bastard, cannot inherit through his mother from her' ancestors. (8 Dana, 121; I Blackstone, 378; 2 Bouv. Inst., 354;, Schoneir’s Dom. Rel., 379; 2 Kent’s Com., 229; 1 Coke, 116; 42 Conn., 491; Gen. Stat., 370; Berry v. Owen, 5 Bush, 452; 1 Met.,. 636; Scroggin v. Allen, 2 Dana, 363; Remmington v. Lewis, 8 B. Mon., 606.) The appellee, although a bastard, is the heir of his mother, and can. inherit from her ancestor. (Gen. Stat., chap. 31, secs. 18, 2, 5; Scroggin v. Allen, 2 Dana, 363; 8 B. Mon., 606; 42 Conn., 4911. Am. Rep.,…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
It must now be regarded as the settled law of this state,that a bastard cannot inherit from collaterals from whom his. mother, if living, would have inherited. (Allen v. Ramsey, 1 Met., 635, and authorities there cited; Berry v. Owens, 5 Bush.)
And it would seem to follow, as a necessary logical sequence, that he cannot inherit from the ancestors of his. mother.
The language of the statute is, that “bastards shall be.capable of inheriting and transmitting an inheritance on the-part of or to the mother.”
In the decisions heretofore rendered to the…
2Cases cited5 opinions
- Stevenson's Heirs v. SullivantSupreme Court of the United States · 1820
- Middletown Savings Bank v. FellowesSupreme Court of Connecticut · 1875
- Scroggin v. AllanCourt of Appeals of Kentucky · 1834
- Remmington v. LewisCourt of Appeals of Kentucky · 1848
- Allen v. Ramsey's heirsCourt of Appeals of Kentucky · 1859
3Cited by10 opinions
- Williams v. KimballSupreme Court of Florida · 1895
- Sutton v. SuttonCourt of Appeals of Kentucky · 1888
- Hardesty v. MitchellIllinois Supreme Court · 1922
- Croan v. Phelps' Adm'rCourt of Appeals of Kentucky · 1893
- Moore v. MooreSupreme Court of Missouri · 1902
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