Legal Opinion

Ward v. Mathews

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 9 opinions

Appeal from the Probate Court of Jefferson. Heard before the Hon. M. T. Porter. Tn May, 1897, L. E. Henderson, the illegitimate son of Mrs. Lucretia Henderson, died intestate in the city of Birmingham, leaving no children or wife; but leaving surviving him his mother, and three half brothers and one half sister, who were grown, and two nieces, the minor children of his deceased half sister. T. J. Mathews was appointed administrator of L. F. Henderson’s estate.

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Appeal from the Probate Court of Jefferson. Heard before the Hon. M. T. Porter. Tn May, 1897, L. E. Henderson, the illegitimate son of Mrs. Lucretia Henderson, died intestate in the city of Birmingham, leaving no children or wife; but leaving surviving him his mother, and three half brothers and one half sister, who were grown, and two nieces, the minor children of his deceased half sister. T. J. Mathews was appointed administrator of L. F. Henderson’s estate. Mathews, as such administrator, filed his application for partial settlement, alleging that the decedent had no direct descendants,…

1Opinion of the CourtSharpe, J.

— The statute relating specially to the descent and distribution of estates of illegitimates dying intestate and without descendants forms section 1460 of the present Code, and is as follows: “The mother or kindred of an illegitimate child on the part of the mother are, in default of children of such illegitimate child or their descendants, entitled to inherit his estate.”

In the case of Butler v. Elyton Land Company, 84 Ala. 384, this statute was under consideration of this court upon a controversy which involved the question here presented, as to the manner of descent and distribution of…

Also in this document: Per curiam.

2Cases cited3 opinions

  1. Butler v. Elyton Land Co.Supreme Court of Alabama · 1887
  2. Perryman v. BurgsterSupreme Court of Alabama · 1837
  3. Brown v. WilliamsSupreme Court of Alabama · 1888

3Cited by9 opinions

  1. Stone v. Gulf American Fire and Cas. Co.Supreme Court of Alabama · 1989
  2. Ex Parte NewsomeSupreme Court of Alabama · 1924
  3. Hudson v. ReedSupreme Court of Alabama · 1953
  4. Southern Ry. Co. v. CarltonSupreme Court of Alabama · 1928
  5. Ex Parte BennettSupreme Court of Alabama · 1935

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