Burris v. Burgett

The Chancellor.

If the illegitimate children of the intestate’s daughter, who predeceased him, are entitled to the residue as distributees under the statutes of this State to any extent, they are entitled to all of it, and the collateral kin, the nephews and nieces, are entitled to none.

At common law a bastard was ‘ ‘ treated as nullius filius, and as such incapable of inheriting from either the putative father or the mother, and without heirs, excepting those of his own body." 7 C. J. 959. This rule was taken over as a part of the body of common law prevailing in this jurisdiction and is…