Mitchell v. Hardwick

Toal, Justice:

This case involves the right of an illegitimate child to inherit from his father.

Hue Eady died intestate on July 18, 1975. At the time of his death, Mr. Eady owned several parcels of land in Jasper County totalling approximately 130 acres. Surviving him as heirs at law were two adopted daughters. In August 1984, appellant, Joseph Mitchell, petitioned the lower court for the partition of the estate property on the grounds that he is the illegitimate son of Eady.

The evidence is undisputed that Mitchell is the son of Eady. Mitchell stated that he lived with Eady part of the time…