Miller v. . Miller
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court, in the third judicial department, entered upon an order made September 19, 1880, which affirmed a judgment in favor of defendants, entered upon the report of a referee. This was an action of ejectment. The material facts are stated in the opinion.
1Opinion of the CourtMiller, J.
By the statute of this State the real estate of an intestate passes in the first instance to his lineal descendants. (1 R. S. 751, §§ 1 and 2.) It is also provided that “ children and relatives who are illegitimate shall not be entitled to inherit.” (1 R. S. 754, § 19.) The plaintiff is a child of the deceased under whom he claims and one of his lineal descendants. He was bom in the kingdom of Wurtemburg in the year 1845, before the marriage of his parents, and the question to be determined is whether he was legitimate at the time of the death of his father. At the time of his birth his…
2Cases cited5 opinions
- Ross v. RossMassachusetts Supreme Judicial Court · 1880
- Van Voorhis v. . BrintnallNew York Court of Appeals · 1881
- Lingen v. LingenSupreme Court of Alabama · 1871
- Scott v. KeySupreme Court of Louisiana · 1856
- Smith v. Kelly's HeirsMississippi Supreme Court · 1851
3Cited by48 opinions
- Blythe v. AyresCalifornia Supreme Court · 1892
- New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
- Olmsted v. . OlmstedNew York Court of Appeals · 1908
- In re the Estate of OrtizNew York Surrogate's Court · 1969
- Thorn EstateSupreme Court of Pennsylvania · 1946
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