Hughes v. Decker
Supreme Judicial Court of Maine
On Facts Agreed. Appeal from a decree of tbe Judge of Probate. George Hughes, the intestate, was the illegitimate son of Sarah Holbrook, wife of one Bichard Holbrook, who, at the time of the birth, and for a long period before, was and had been absent from the country. The said Bichard and his wife never co-habited together after the birth of said George Hughes, but no legal divorce was had by either party.
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On Facts Agreed. Appeal from a decree of tbe Judge of Probate. George Hughes, the intestate, was the illegitimate son of Sarah Holbrook, wife of one Bichard Holbrook, who, at the time of the birth, and for a long period before, was and had been absent from the country. The said Bichard and his wife never co-habited together after the birth of said George Hughes, but no legal divorce was had by either party. Sarah Holbrook afterwards married again and died in 1835, leaving heirs, viz.: — Nancy Decker and Abigail Babson, her sisters; John Baker, Daniel Baker, Abner Baker, and Betsey Decker,…
1Opinion of the CourtCutting, J.
— George Hughes died in 1832, intestate, leaving no property, except a claim for injuries and damages by him sustained, against the government of Mexico, which his widow, the appellant, in 1851, recovered as administratrix on his estate. The intestate left no children, and was himself illegitimate; but left a mother, since deceased, leaving collateral heirs, who claim either directly or by representation a moiety of the property, while the widow claims the whole.
By the common law, the intestate, being films nullius, could have no ancestral or collateral heirs, and leaving no *161children or…
2Cited by3 opinions
- In re the Estate of MageeCalifornia Supreme Court · 1883
- In re the Estate of JessupCalifornia Supreme Court · 1889
- Stewart v. StewartNew Jersey Court of Chancery · 1879