Pratt v. Atwood
Massachusetts Supreme Judicial Court
Appeal by children of Amity S. Atwood from a decree of the judge of probate refusing a petition of John B. Pratt, as administrator of the estate of Eliza B. Jourdan, for an order of distribution of said estate among the appellants as next of kin of the deceased. The case was reserved by Gray, J., for the judgment of the full court upon the following facts: Betsey Baird in 1791 became mother of an illegitimate child by John Lamb.
Read the full summary
Appeal by children of Amity S. Atwood from a decree of the judge of probate refusing a petition of John B. Pratt, as administrator of the estate of Eliza B. Jourdan, for an order of distribution of said estate among the appellants as next of kin of the deceased. The case was reserved by Gray, J., for the judgment of the full court upon the following facts: Betsey Baird in 1791 became mother of an illegitimate child by John Lamb. This child, named Amity S. Baird, married Stephen Atwood, and the appellants were issue of that marriage Betsey Baird in 1801 married John Hart, and the intestate was…
1Opinion of the CourtGray, J.
The single question in this case is, whether the legitimate children of a bastard can take under our present statute of distributions any share in the estate of a legitimate child of the bastard’s mother; or, in other words, whether a bastard and his issue can inherit from his mother’s collateral kindred. We concur with the judge of probate in the opinion that they cannot.
By the common law of England, which was the common law of Massachusetts in this respect, a bastard had no inheritable blood, and could not therefore inherit even from his mother. Cooley v. Dewey, 4 Pick. 93. 2 Dane Ab. 514.…
2Cited by18 opinions
- Deyoe v. Superior CourtCalifornia Supreme Court · 1903
- Fiduciary Trust Co. v. MishouMassachusetts Supreme Judicial Court · 1947
- DickinsonSupreme Court of Connecticut · 1875
- Truelove v. TrueloveIndiana Supreme Court · 1909
- Spencer v. BurnsIllinois Supreme Court · 1952
13 more not listed; retrieve them via the Exa API.