Legal Opinion

In Re Estate of Bullock

Supreme Court of North Carolina

Decided February 22, 1928PublishedCited by 2 opinions

1Opinion of the CourtStacy, C. J.

Can an illegitimate child legally represent its deceased mother, under C. S., 140 and C. S., 137, clauses 4 and 5, and thus share in the distribution of its mother’s father’s estate? "We think not. Such was the holding in Waggoner v. Miller, 26 N. C., 480 (June Term, 1844), and there has been no sufficient change in the statute law since that time to warrant a reversal of this decision.

True, it is provided by C. S., 140, that every illegitimate child of a mother dying intestate shall be considered among her next of kin, and as such "'shall be entitled to share in her personal estate; and,…

2Cases cited4 opinions

  1. Wallace v. . WallaceSupreme Court of North Carolina · 1921
  2. Skinner v. . WynneSupreme Court of North Carolina · 1854
  3. Wilson v. . WilsonSupreme Court of North Carolina · 1925
  4. Waggoner v. . MillerSupreme Court of North Carolina · 1844

3Cited by2 opinions

  1. State v. ChavezNew Mexico Supreme Court · 1938
  2. Sharpe v. . CarsonSupreme Court of North Carolina · 1933

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